IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 21, 2012
RONALD J. LUCERO,
STEPHEN MAYBERG, ET AL.,
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff, committed to a state mental hospital pursuant to Cal. Pen. Code § 1026, having been found not guilty by reason of insanity in a criminal matter, is proceeding pro se with a civil rights action. This case will be referred to an attorney who is very experienced in mediating civil disputes, Joe Ramsey,*fn1 to conduct a mediation on September 18, 2012, at 9:00 a.m. Parties shall 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 commitment. 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 September 18, 2012, at 9:00 a.m. in Courtroom #2, at the U. S. District Court, 501 I Street, Sacramento, CA 95814.
2. Plaintiff shall personally attend via video conference.
3. Lead counsel for both the state and county defendants along with, as to each set of defendants, a person with full and unlimited authority to negotiate and enter into a binding settlement on behalf of defendants shall attend in person.*fn2
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 accordance with E.D. Cal. LR 270 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 provide confidential settlement conference statements to Sujean Park, 501 I Street, Suite 4-200, Sacramento, California 95814, or via email at firstname.lastname@example.org, so that they arrive no later than September 10, 2012.