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Leach v. Carey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 1, 2010

DONALD R. LEACH, PLAINTIFF,
v.
TOM CAREY, T. DREW, D. SCHROEDER, AND HAWS, DEFENDANTS.

The opinion of the court was delivered by: Magistrate Judge Jennifer L. Thurston

ORDER SETTING SETTLEMENT CONFERENCE BEFORE THE HONORABLE JENNIFER L. THURSTON

Date: December 17, 2010

CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENTS DUE

December 3, 2010

This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Donald R. Leach ("Plaintiff"), a state prisoner proceeding pro se. Plaintiff is presently incarcerated at the Kern Valley State Prison in Delano, California. Plaintiff filed the Complaint commencing this action on August 2, 2000. (Doc. 1.) The case now proceeds on Plaintiff's Second Amended Complaint,*fn1 filed December 2, 2002, against defendants Tom Carey, T. Drew, D. Schroeder, and Haws ("Defendants"), for failure to protect Plaintiff in violation of the Eighth Amendment.*fn2 (Doc. 46.)

The parties have notified the court that they believe a settlement conference would be beneficial at this stage of the proceedings. (Docs. 120, 121.) Therefore, this case shall be referred to United States Magistrate Judge Jennifer L. Thurston to conduct a settlement conference.

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

1. This case is set for a settlement conference before Magistrate Judge Jennifer L. Thurston on December 17, 2010, at 9:30 a.m. at Kern Valley State Prison, 3000 West Cecil Avenue, Delano, California 93216;

2. Parties shall appear at the settlement conference in person with full authority to negotiate and settle the case on any terms. Government entities may appear through litigation counsel only, but must have immediate access to the individual with settlement authority. The failure of any counsel, party or authorized person subject to this order to appear in person may result in the imposition of sanctions;

3. Each party shall provide a Confidential Settlement Conference Statement to: Sujean Park, ADR Coordinator 501 I Street, Suite 4-200 Sacramento, California 95814 so they are received no later than December 3, 2010 , and file a Notice of Submission of the Confidential Settlement Conference Statement with the Clerk of the Court (See L.R. 270(d)). Settlement statements should not be filed with the Clerk of the Court nor served on any other party. Settlement statements shall be clearly marked "CONFIDENTIAL" with the date and time of the settlement conference indicated prominently thereon. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following:

a. A brief statement of the facts of the case;

b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded; a forthright evaluation of the parties likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute;

c. A summary of the proceedings to date;

d. An estimate of the cost and time to be expended for further discovery, pretrial, and trial;

e. The relief sought;

f. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers, and demands; and

g. A brief statement of each party's expectations and goals for the settlement conference;

4. The Clerk of the Court is directed to serve a copy of this order on:

(1) Magistrate Judge Jennifer L. Thurston, and

(2) The Litigation Office at Kern Valley State Prison via facsimile at (661) 720-4949.

IT IS SO ORDERED.

Gary S. Austin UNITED STATES MAGISTRATE JUDGE


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