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Dunne v. Smith

July 13, 2010

WILLIAM D. DUNNE, PLAINTIFF,
v.
D. SMITH, WARDEN, B. AVALOS, ASSOCIATE WARDEN, AND J. KARGE, CAPTAIN, DEFENDANTS.



The opinion of the court was delivered by: Honorable Larry M. Boyle United States Magistrate Judge

ORDER SCHEDULING SETTLEMENT CONFERENCE

The Honorable B. Lynn Winmill is the trial judge presiding over this case. This matter was referred to the Honorable Larry M. Boyle, Magistrate Judge, for settlement conference by order dated March 31, 2010 (Docket No. 18). The parties attempted to participate in settlement on July 12, 2010 by telephone. Due to technical difficulties and the fact that Plaintiff had not received the Court's order regarding the parties' pre-conference memoranda, this Court continued the hearing to a later date. Having been advised by Defendants' counsel of an agreeable date,

IT IS HEREBY ORDERED that a second telephonic mediation conference is set for 11:00 am (MDT), August 30, 2010, in the chambers of United State Magistrate Judge Larry M. Boyle, at the United States Courthouse in Boise, Idaho. Defense counsel shall coordinate the conference through a teleconference service provider and provide the Court and Plaintiff with the call-in number and password on or before Wednesday, August 25, 2010.

Plaintiff and Defendants shall attend by telephone, along with Defendants' lead counsel. A person with full and unlimited authority to negotiate and enter into a binding settlement on Defendants' behalf shall be immediately available by telephone at all times during the conference. Those in attendance must be prepared to discuss the claims, defenses, and damages. The parties must be prepared to fully explore all settlement options. "Settlement" may or may not include payment of money damages. It also may or may not include an agreement to handle Plaintiff's situation differently. A compromise agreement is one in which both parties have given something up and both have obtained something in return.

The failure of any counsel, party or authorized person subject to this order to appear in person or to be available by phone as described above will result in the immediate imposition of sanctions. Sanctions will include, but will not be limited to, the attorney fees and travel costs of the other parties in the case. In addition, the conference will not proceed and will be reset to another date.

The parties shall provide Confidential Mediation Questionnaire in the attached form on or before 5:00 pm (MDT), Wednesday, August 25, 2010, to the Court at 550 W. Fort, Boise, Idaho 83714. Defendants'counsel may submit Defendants' mediation memorandum alternatively by e-mail to lmb_orders@id.uscourts.gov. All information provided during the conference is considered confidential and privileged, and the parties may request that the mediation briefs be returned to the submitting party at the end of the mediation session. No statements considered during the mediation procedure may be used against any party to this litigation.

MEDIATION QUESTIONNAIRE

CASE NAME: ________________________________________________

CASE NUMBER: ________________________________________________

SUBMITTED BY:

Pro Se or Attorney for _____________________________

Trial date scheduled: ____________

Jury ____

Non-Jury ...


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