Goldmas v. Van Wegen, et al.

Filing 27

AMENDED ORDER signed by Magistrate Judge Deborah Barnes on 3/21/2018 VACATING the 26 order filed 3/21/2018. This case is set for a Settlement Conference on 5/8/2018 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Within ten days of this order, plaintiff shall return the attached form notifying the court whether he would like to attend the settlement conference in person or by video. Each party shall provide a confidential settlement statement to chambers, in accordance with this order, no later than 5/1/2018. (cc: CKD) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE GOLDMAS,

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Plaintiff,

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No. 2:16-cv-3009 JAM DB P

v.

AMENDED ORDER SETTING
SETTLEMENT CONFERENCE1

L. VAN WEGEN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. The court has determined that this case would benefit from a settlement

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conference. Therefore, this case will be referred to Magistrate Judge Carolyn K. Delaney to

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conduct a settlement conference on May 8, 2018 at 9:30 a.m. at the Robert T. Matsui Federal

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Courthouse, 801 I Street, Courtroom #24, Sacramento, California 95814.

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Plaintiff shall have the option to appear at the settlement conference in person or by video

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conference. In the event video conferencing capabilities are unavailable, plaintiff may appear by

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telephone. Plaintiff will be required to return the attached form advising the court how he would

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like to appear at the settlement conference so that the court may issue the appropriate orders. A

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This amended order replaces the order filed on March 21, 2018. (ECF No. 26.)
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separate order and writ of habeas corpus ad testificandum will issue once it has been determined

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how plaintiff will appear.

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

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1. The order filed March 21, 2018 (ECF No. 26) is vacated.

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2. This case is set for a settlement conference before Magistrate Judge Carolyn K.

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Delaney on May 8, 2018 at 9:30 a.m., at the Robert T. Matsui Federal Courthouse, 801 I Street,

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Courtroom #24, Sacramento, California 95814.

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3. Defendants must have a principle with full and unlimited authority to negotiate and
enter into a binding settlement attend in person.
4. Plaintiff shall have the choice to attend the settlement conference in person or by

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video. Within ten days of this order, plaintiff shall return the attached form notifying the court

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whether he would like to attend the settlement conference in person or by video. If plaintiff

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chooses to appear by video and video conferencing is not available, he may appear by telephone.

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If plaintiff does not return the form telling the court how he would like to attend the conference,

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the court will issue orders for plaintiff to appear by video.

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5. Those in attendance must be prepared to discuss the claims, defenses, and damages.

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The failure of any counsel, party, or authorized person subject to this order to appear in person,

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or, if authorized, by video, may result in the imposition of sanctions.

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6. Each party shall provide a confidential settlement statement to chambers, no later than

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May 1, 2018, via e-mail to [e-mail]. If plaintiff is unable to access the

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internet, he shall, on or before April 24, 2018 send his statement to the court by mail at 501 I

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Street, Sacramento, CA 95814, and indicate on the envelope and on the face of the statement that

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it is a confidential communication to Magistrate Judge Carolyn K. Delany. Such statements shall

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not be filed with the Clerk or served on the opposing party. However, each party shall notify the

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other party that the statement has been submitted to the judge’s chambers.

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7. Settlement statements shall be no more than five pages in length, shall be typed or

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neatly printed, and shall provide the following information:

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a. A brief statement of the facts of the case.
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b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties’ likelihood of

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prevailing on the claims and defenses; and a description of the major issues in dispute.

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c. A summary of the proceedings to date.

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d. An estimate of the cost and time to be expended for further discovery, pretrial, and

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trial.

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e. The relief sought.

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f. The party’s position on settlement, including present demands and offers and a

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history of past settlement discussions, offers, and demands.

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g. A brief statement of each party’s expectations and goals for the settlement

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conference

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Dated: March 21, 2018

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DLB:9
DLB1/orders/prisoner-civil rights/gold3009.sett conf am

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE GOLDMAS,

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No. 2:16-cv-3009 JAM DB P

Plaintiff,
v.
L. VAN WEGEN, et al.,

PLAINTIFF’S NOTICE ON TYPE OF
APPEARANCE AT SETTLEMENT
CONFERENCE

Defendants.

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Check one:
_____ Plaintiff would like to participate in the settlement conference in person.

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_____ Plaintiff would like to participate in the settlement conference by video/telephone.

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DATED:_______________________
RONNIE GOLDMAS
Plaintiff pro se

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