UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 29, 2012
MAURICE R. SCOTT, PLAINTIFF,
KELLER, ET AL.,
The opinion of the court was delivered by: Kent J. Dawson United States District Judge
(Setting Second Settlement Conference)
Plaintiff is a prisoner proceeding pro se with an action under 42 U.S.C. § 1983. On January 25, 2011, the court ordered this case for a settlement conference set for March 17, 2011. The case did not settle at the settlement conference. The court has determined that it would be beneficial to set a second settlement conference in this case. Therefore, this case will be referred to Magistrate Judge Craig M. Kellison to conduct a settlement conference at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #2 on November 9, 2012 at 9:00 a.m.
A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order.
Accordingly, IT IS ORDERED that:
1. This case is set for a settlement conference before Magistrate Judge Craig M. Kellison on November 9, 2012, at 9:00 a.m. at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #2.
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
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, ADR and Pro Bono Program Director, 501 I Street, Suite 4-200, Sacramento, California 95814, so they arrive no later than November 5, 2012 and file a Notice of Submission of Confidential Settlement Conference Statement (See L.R. 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 te 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, offeres, and demands.
g. A brief statement of each party's expectations and goals for the settlement conference.