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Lawrence Favello v. J. A. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 1, 2012

LAWRENCE FAVELLO,
PLAINTIFF,
v.
J. A. YATES, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER REFERRING CASE TO PRISONER SETTLEMENT PROGRAM, AND SETTING SETTLEMENT CONFERENCE

Date: May 9, 2012 Time: 12:00 p.m.

Place: CSP-SOL before the Honorable Nandor J. Vadas

Plaintiff Lawrence Favello, a state prisoner proceeding pro se, filed this civil rights action in Fresno County Superior Court on June 2, 2011. Defendants Myers, Guthery, Trimble, Nash, Fisher, Jr., Davis, Allen, Yates, McGee, Huckabay, Walker, Cate, and McBride (Defendants) removed the action to this court on July 28, 2011. *fn1 28 U.S.C. § 1441(b).

Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 2000cc-1, and his claims arise largely from his inability to practice his religion at Pleasant Valley State Prison in Coalinga, California. Upon review, the Court finds it appropriate to refer this action to the Prisoner Settlement Program and set it for a settlement conference before United States Magistrate Judge Nandor J. Vadas at California State Prison-Solano (CSP-SOL), on May 9, 2012, at 12:00 p.m. A separate order and writ of habeas corpus ad testificandum will be issued by the Court to secure Plaintiff's attendance at the settlement conference.

Accordingly, the Court HEREBY ORDERS as follows:

1. This case is referred to the Prisoner Settlement Program and set for a settlement conference on May 9, 2012, at 12:00 p.m. at CSP-SOL, 2100 Peabody Road, Vacaville, California 95696.

2. Defendants' lead counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on Defendants' behalf shall attend in person. *fn2

3. 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. In addition, the conference will not proceed and will be reset to another date.

4. The parties are directed to provide confidential settlement conference statements to the Honorable Nandor J. Vadas, U.S. District Court-Northern District of California, 514 H Street, Eureka, CA 95502 or via email at NJVpo@cand.uscourts.gov, so that they arrive no later than April 25, 2012.

5. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office at CSP-SOL at (707) 454-3429.

IT IS SO ORDERED.


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