Harris v. Macomber et al

Filing 178

ORDER signed by Magistrate Judge Deborah Barnes on 12/8/2023 SETTING this case for a Settlement Conference before Magistrate Judge Jeremy D. Peterson, by Zoom video conference, on 2/29/2024 at 01:30 PM, and STAYING this case until 30 days after the settlement conference. (cc: JDP, ADR) (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GRADY HARRIS,

12

Plaintiff,

13
14

No. 2:16-cv-0830 TLN DB P

v.

ORDER SETTING SETTLEMENT
CONFERENCE

JEFF MACOMBER, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

17
18

action seeking relief under 42 U.S.C. § 1983. The Court has determined that this case will benefit

19

from a settlement conference. Therefore, this case will be referred to Magistrate Judge Jeremy D.

20

Peterson to conduct a settlement conference on February 29, 2024 at 1:30 p.m. The settlement

21

conference will be conducted by remote means, with all parties appearing by Zoom video

22

conference. The Court will issue the necessary transportation order in due course.
The Court expects that the parties will proceed with the settlement conference in good

23
24

faith and attempt to resolve all or part of the case. If any party believes that the settlement

25

conference will not be productive, that party shall so inform the court as far in advance of the

26

settlement conference as possible.

27

////

28

////
1

1

In accordance with the above, IT IS HEREBY ORDERED that:

2

1. This case is stayed until thirty days following the settlement conference.

3

2. The case is set for a settlement conference before Magistrate Judge Jeremy D. Peterson

4

on February 29, 2024, at 1:30 p.m. The settlement conference will be conducted by remote

5

means, with all parties appearing by Zoom video conference.

6

3. Unless otherwise permitted in advance by the court, the following individuals must

7

attend the settlement conference: (1) all of the attorney(s) who will try the case; and (2)

8

individuals with full authority to negotiate and settle the case, on any terms.

9

4. No later than one week prior to the settlement conference, each party must submit to

10

Judge Peterson’s chambers at [e-mail], or by mail at U.S. District Court,

11

501 I Street, Sacramento, CA 95814, a confidential settlement conference statement. These

12

statements should neither be filed on the docket nor served on any other party. The statements

13

should be marked “CONFIDENTIAL” and should state the date and time of the conference. The

14

statements should not be lengthy but should include:

15

a. A brief recitation of the facts;

16

b. A discussion of the strengths and weaknesses of the case;

17

c. An itemized estimate of the expected costs for further discovery, pretrial, and trial

18
19
20
21
22
23
24
25
26
27

matters, in specific dollar terms;
d. Your best estimate of the probability that plaintiff will obtain a finding of liability
should this case proceed to trial, in percentage terms;
e. Should this case proceed to trial and defendant be found liable, please provide the
following, in specific dollar terms:
i. A realistic high-end recovery estimate (i.e., realistic best- or worstcase scenario);
ii. A realistic low-end recovery estimate (i.e., realistic worst- or bestcase scenario); and
iii. A best estimate of the most likely outcome;

28
2

1

f. A history of settlement discussions, including:

2

i. A statement of your expectations for settlement discussions;

3

ii. A listing of any past and present settlement offers from any party

4

(including all terms); and

5

iii. Whether your party would consider making the opening offer or
demand, and what that offer might be1;

6
7

g. A list of the individuals who will be participating in the settlement conference on
your party’s behalf, including each participant’s name and, if appropriate, title:

8

h. Plaintiff’s anticipated release date;

9
10

i. An estimate of restitution and fees, including court fees and filing fees, owed by

11

plaintiff; and

12

j. Identification of any related cases or of any other cases that the parties might wish

13

to discuss at this settlement conference.

14

5. Judge Peterson or another representative from the court will be contacting the parties

15

either by telephone or in person, approximately two weeks prior to the settlement

16

conference, to ascertain each party’s expectations of the settlement conference.

17

6. The Clerk of the Court is directed to serve a copy of the this order on the Litigation

18

Office at High Desert State Prison via facsimile at [phone] or via email.

19

Dated: December 8, 2023

20
21
22
23
24
25
26
27
28

1

Please note that Judge Peterson will consider this response, among others, in evaluating whether
proceeding with a settlement conference appears worthwhile.
3