(PC) Williams v. Ancheta et al

Filing 21

ORDER signed by Magistrate Judge Dennis M. Cota on 9/8/2021 SETTING this case for a Settlement Conference on 11/17/2021 at 10:00 AM before Magistrate Judge Jeremy D. Peterson. No later than one week prior to the settlement conference, each party must submit a confidential settlement conference statement in accordance with this order. The Clerk shall serve a copy of this order on the CMF Litigation office via facsimile or email. (cc: JDP, ADR, I.T.) (Yin, K)

Case 2:20-cv-01747-TLN-DMC Document 21 Filed 09/09/21 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHELDON DALE WILLIAMS, JR.,

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No. 2:20-cv-1747-TLN-DMC-P

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

K. ANCHETA, et al.,
Defendants.

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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 Jeremy D. Peterson to conduct a

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settlement conference on November 17, 2021 at 10:00 a.m. The settlement conference will be

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

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will issue the necessary transportation order in due course.

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Counsel for the defendant(s) is directed to contact the court via

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[e-mail], one week prior to the scheduled settlement conference to report

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on the institution’s ability, in light of any COVID 19 restrictions, to produce the inmate for a

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remote appearance.

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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.

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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 settlement conference before Magistrate Judge Jeremy D.

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Peterson on November 17, 2021 at 10:00 a.m. The settlement conference will be

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

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

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

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(2) individuals with full authority to negotiate and sett the case, on any terms.
3. No later than one week prior to the settlement conference, each party must submit to

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

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Court, 501 I Street, Sacramento, CA 95814, a confidential settlement conference

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statement. These statements should neither be filed on the docket nor served on any

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other party. The statements should be marked “CONFIDENTIAL” and should state

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the date and time of the conference. The statements should not be lengthy but should

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include:

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a. A brief recitation of the facts;

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

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

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trial 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 worst-case
scenario);
ii. A realistic low-end recovery estimate (i.e., realistic worst- or best-case
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scenario); and
iii. A best estimate of the most likely outcome;
f. A history of settlement discussions, including:

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i. A statement of your expectations for settlement discussions;

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

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(including all terms);
iii. Whether your party would consider making the opening offer or
demand, and what that offer might be;
g. A list of the individuals who will be participating in the settlement conference

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on your party’s behalf, including each participant’s name and, if appropriate,

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title; and

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h. Identification of any related cases or of any other cases that the parties might
wish to discuss at this settlement conference.
4. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office
at the California Medical Facility via facsimile at [phone] or via email.

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Dated: September 8, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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