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David M. David v. A. Gutierrez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 23, 2012

DAVID M. DAVID,
PLAINTIFF,
v.
A. GUTIERREZ, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

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

Date: May 18, 2012 Time: 9:00 a.m.

Place: Chuckawalla Valley State Prison

before the Honorable Charles R Pyle

Plaintiff David M. David ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff's complaint, filed June 13, 2011, is currently pending screening. (ECF No. 24.) Following a review of Plaintiff's complaint, this action is being referred to the Prison Settlement Program for mediation on Plaintiff's claim that he was found guilty of a rule violation for failing to cut his beard in violation of the Free Exercise Clause of the First Amendment . This case will be referred to Magistrate Judge Charles R. Pyle to conduct a settlement conference at Chuckawalla Valley State Prison, 19025 Wiley's Well Road, Blythe, California 92225 on May 18, 2012 at 9:00 a.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.

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

1. This case is set for a settlement conference before Magistrate Judge Charles R. Pyle on May 18, 2012, at 9:00 a.m. at Chuckawalla Valley State Prison,19025 Wiley's Well Road, Blythe, California 92225.

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. *fn1 *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. Each party shall provide a confidential settlement conference statement to Sujean Park, 501 I Street, Suite 4-200, Sacramento, California 95814, or via e-mail at spark@caed.uscourts.gov, so they arrive no later than May 4, 2012 and file a Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 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.

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

5. The Clerk of the Court is directed to serve a copy of this order on Gretchen Buechsenschuetz and Rene Lucaric, Office of the Attorney General, 300 South Spring Street, Suite 1702, Los Angeles, California 90013.

IT IS SO ORDERED.


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