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Ronald J. Lucero v. Stephen Mayberg

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 9, 2012

RONALD J. LUCERO,
PLAINTIFF,
v.
STEPHEN MAYBERG, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a civil detainee proceeding pro se with an action under 42 U.S.C. § 1983. This case had been referred to volunteer mediator Joe Ramsey, and a mediation had been scheduled for September 18, 2012 (docket #52). However, Mr. Ramsey having become unavailable due to an illness, the mediation was vacated by minute order (docket #59). Since that time, the court has been very saddened to learn of the passing of Mr. Ramsey.

All parties have previously waived any claim of disqualification of the undersigned to preside as the settlement judge. Therefore, in light of the recent very unfortunate loss of Mr. Ramsey, this case will now be set for a settlement conference before the undersigned on Wednesday, December 5, 2012 at 9:30 a.m. in Courtroom #9 at the U. S. District Court, 501 I Street, Sacramento, California 95814. Plaintiff is to appear by video conference from his current place of detention.

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 a settlement conference on December 5, 2012, at 9:30 a.m. in Courtroom #9, at the U. S. District Court, 501 I Street, Sacramento, CA 95814 before the undersigned.

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.*fn1

4. The court is in receipt of the confidential settlement conference statements previously submitted to Mr. Ramsey. If the parties have additional information they would like to submit prior to the settlement conference, they may send a supplemental confidential settlement statement to Sujean Park, ADR Coordinator, 501 I Street, Suite 4-200, Sacramento, California 95814, or by email to spark@caed.uscourts.gov, so they arrive no later than November 26, 2012.

5. 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.


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