Alem v. California Department of Corrections and Rehabilitation et al

Filing 84

ORDER signed by Magistrate Judge Dennis M. Cota on 10/3/2023 STAYING this case until 30 days following the settlement conference, and SETTING a video settlement conference, via Zoom, before Magistrate Judge Stanley A. Boone on 11/2/2023 at 9:00 AM. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend. Defendants shall provide a confidential settlement statement to the following email address: [e-mail]. If Plaint iff does not have access to the internet, Plaintiff shall mail his confidential settlement statement to the address provided. Settlement statements shall arrive no later than 10/26/2023. Parties shall also file a Notice of Submission of Confidential Settlement Statement. If a settlement is reached at any point during this action, the parties shall file a Notice of Settlement. The parties remain obligated to keep the Court informed of their current address. A failure to follow these procedures ma y result in the imposition of sanctions. Judge Boone or another representative from the court will be contacting the parties by telephone, approximately 2 weeks prior to the settlement conference, to ascertain each party's expectations. (cc: SAB) (Huang, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL ALEM,

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No. 2:17-CV-0343-DJC-DMC-P
Plaintiff,

v.

ORDER SETTING SETTLEMENT
CONFERENCE

M. CURRY,

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Defendant.

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Plaintiff, a former prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. The Court has determined that this case will benefit from a settlement conference.

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Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a video

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settlement conference, via the Zoom videoconferencing application, on November 2, 2023, at

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9:00 a.m. The court will issue any necessary transportation order in due course.

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Counsel for Defendants shall contact Courtroom Deputy Victoria Gonzales at (559) 499-

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5672 or [e-mail] for the video and dial-in information, including any

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necessary passcodes, for all parties. Counsel for Defendants is also required to arrange for

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Plaintiff’s participation by contacting Plaintiff and providing the necessary Zoom contact

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information.

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The Court expects that the parties will proceed with the settlement conference in good
faith and attempt to resolve all or part of the case. If any party believes that the settlement
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conference will not be productive, that party shall so inform the court as far in advance of the

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settlement conference as possible.
The parties shall each submit to Judge Boone a confidential settlement conference

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statement, as described below, to arrive at least seven days (one week) prior to the conference.

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The Court puts the parties on notice that if Plaintiff has any outstanding criminal

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restitution obligation, fines and/or penalties, these settlement negotiations shall not be geared

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towards what the restitution obligation is, but what the value of the case itself is to each side,

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irrespective of any outstanding restitution obligation.
In accordance with the above, IT IS HEREBY ORDERED that:

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

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2. The case is set for a video settlement conference, via the Zoom videoconferencing

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application, before Magistrate Judge Stanley A. Boone on November 2, 2023, at

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9:00 a.m.
3. A representative with full and unlimited authority to negotiate and enter into a binding

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settlement shall attend via the Zoom videoconferencing application.1

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

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

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appear in person may result in the cancellation of the conference and the imposition of

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sanctions.

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5. Defendants shall provide a confidential settlement statement to the following email

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address: [e-mail]. If Plaintiff does not have access to the

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internet, Plaintiff shall mail his confidential settlement statement to U.S. District

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Court, 2500 Tulare Street, Fresno, California 93721, “Attention: Magistrate Judge

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Stanley A. Boone.” The envelope shall be marked “Confidential Settlement

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Statement.” Settlement statements shall arrive no later than October 26, 2023.

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Parties shall also file a Notice of Submission of Confidential Settlement Statement

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In light of the coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the Court may issue an
order at a later date requiring the parties to appear in person.
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(See Local Rule 270(d)). Settlement statements should not be filed with the Clerk of

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the Court nor served on any other party. Settlement statements shall be clearly

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marked “Confidential” with the date and time of the settlement conference indicated

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prominently thereon.

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6. The confidential settlement statement shall be no longer than five pages in length,

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typed or neatly printed, and include the following:

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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

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dispute.

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c. An estimate of the cost and time to be expended for further discovery, pretrial, and
trial.
d. The party’s position on settlement, including present demands and offers and a
history of past settlement discussions, offers, and demands.
e. A brief statement of each party’s expectations and goals for the settlement

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conference, including how much a party is willing to accept and/or willing to pay.

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f. If parties intend to discuss the joint settlement of any other actions or claims not in

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this suit, give a brief description of each action or claim as set forth above,

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including case number(s) if applicable.

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7. If a settlement is reached at any point during this action, the parties shall file a Notice
of Settlement in accordance with Local Rule 160.

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8. The parties remain obligated to keep the Court informed of their current address at all

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times while the action is pending. Any change of address must be reported promptly

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to the Court in a separate document captioned for this case and entitled “Notice of

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Change of Address.” See Local Rule 182(f).

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9. A failure to follow these procedures may result in the imposition of sanctions by
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the court.

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10. Judge Boone or another representative from the court will be contacting the parties by

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telephone, approximately two weeks prior to the settlement conference, to ascertain

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each party’s expectations of the settlement conference.

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Dated: October 3, 2023

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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