The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner proceeding through court-appointed counsel with an action filed pursuant to 42 U.S.C. § 1983. The court has determined, at this juncture, that this case would benefit from a limited settlement conference involving only plaintiff and defendant Hall.*fn1 Therefore, this case will be referred to Magistrate Judge Craig M. Kellison to conduct such conference at the United States District Court, 501 I Street, Sacramento, California 95814, in Courtroom #2, on January 16, 2013 at 3:00 p.m.
A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order, to authorize plaintiff's attendance at the conference.
Accordingly, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before Magistrate Judge Craig M. Kellison on January 16, 2013, at 3:00 p.m., at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #2.
2. Lead counsel for defendant Hall, and a person with full and unlimited authority to negotiate and enter into a binding settlement on defendant's behalf, shall attend in person.*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, ADR and Pro Bono Program Director, via e-mail at firstname.lastname@example.org, no later than January 14, 2013 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 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, ...