ORDER SETTING SETTLEMENT CONFERENCE
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983.
On June 26, 2012, the undersigned issued an order for the parties to inform the court if they wished to proceed with a mandatory settlement conference before the undersigned magistrate judge or have the case referred to the court's mediation program. On July 16, 2012, counsel for defendant Brown filed a waiver to have the undersigned preside over a settlement conference in this case. However, plaintiff filed a motion to have the case referred to the court's mediation program.
Good cause appearing, the undersigned will refer this case to the court's mediation program. Magistrate Judge Craig M. Kellison will conduct a settlement conference at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #2 on October 11, 2012 at 9:00 a.m. A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order.
In accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before Magistrate Judge Craig M. Kellison on October 11, 2012, at 9:00 a.m. at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #2.
2. Defense counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on defendant's behalf shall attend in person.*fn1
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. Plaintiff's motion to have the case referred to the court's mediation program ...