Belyew v. Lorman et al

Filing 89

ORDER SETTING SETTLEMENT CONFERENCE signed by Magistrate Judge Carolyn K. Delaney on 1/19/2022 SETTING Video Settlement Conference set for 2/22/2022 at 01:30 PM before Magistrate Judge Stanley A. Boone. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA BELYEW,

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No. 2:17-cv-0723-MCE-CKD P
Plaintiff,

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v.

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LARRY LORMAN, et al.,

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ORDER SETTING SETTLEMENT
CONFERENCE

Defendants.

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Plaintiff is a California state prisoner proceeding pro se with an action for violation of

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civil rights under 42 U.S.C. § 1983. The Court has determined that this case will benefit from a

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settlement conference. Therefore, this case will be referred to Magistrate Judge Stanley A. Boone

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to conduct a settlement conference on February 22, 2022 at 1:30 p.m. The settlement conference

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

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Court will issue the necessary transportation order in due course.

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

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1. This case is set for a video settlement conference, via the Zoom videoconferencing

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application, before Magistrate Judge Stanley A. Boone on February 22, 2022, at

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1:30 p.m. 1

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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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2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend via the Zoom videoconferencing application.
3. 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. The manner and timing of Plaintiff’s transportation to and from the

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conference is within the discretion of CDCR.

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4. Defendant shall provide a confidential settlement statement to the following email
address: [e-mail]. Plaintiff shall mail her confidential settlement

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statement to U.S. District Court, 2500 Tulare Street, Fresno, California 93721,

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“Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be marked

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“Confidential Settlement Statement”. Settlement statements shall arrive no later than

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February 15, 2022. Parties shall also file a Notice of Submission of Confidential

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Settlement Statement (See Local Rule 270(d)). Settlement statements should not be

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filed with the Clerk of the Court nor served on any other party. Settlement

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statements shall be clearly marked “Confidential” with the date and time of the

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settlement conference indicated prominently thereon.

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5. 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
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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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6. If a settlement is reached at any point prior to the scheduled settlement conference, the
parties shall file a Notice of Settlement in accordance with Local Rule 160.

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

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times while this 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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8. A failure to follow these procedures may result in the imposition of sanctions by
the court.

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

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at the Central California Women’s Facility via facsimile at [phone] or via

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email.

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Dated: January 19, 2022

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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