The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
Plaintiff is a prisoner proceeding pro se in an action under 42 U.S.C. § 1983. This case will be referred to Michael Colatrella, Esq., to conduct a mediation on November 9, 2010, at 1:00 p.m. Both parties will be required to submit confidential settlement conference statements setting forth a brief description of the case, their respective positions as to the active claims/defenses, and a settlement demand/response. The settlement conference statements are not to exceed five (5) pages in length, and are not to include exhibits or attachments.
Plaintiff will be required to appear by video conference from his current place of detention. A separate order and writ of habeas corpus ad testificandum will issue with this order.
In accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for mediation on November 9, 2010, at 1:00 p.m. in Courtroom #1, at the U. S. District Court, 501 I Street, Sacramento, CA 95814.
2. Plaintiff shall personally attend, via a video conference.
3. Defendants' lead counsel and a person with full authority to settle, negotiate and enter into a binding settlement on Defendants' behalf shall attend in person.*fn1
4. Those in attendance must be prepared to discuss the claims, defenses and damages. The failure of any counsel, party or authorized person subject to this order to appear in person may result in the imposition of sanctions. Sanctions will include, but will not be limited to, the attorney fees and travel costs of the other parties and/or the mediator. In addition, the conference will not proceed and will be reset to another date.
5. The parties are directed to send confidential settlement conference statements to Sujean Park, 501 I Street, Suite 4-200, Sacramento, California 95814, or via email at email@example.com, to be received by no later than October 29, 2010.