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William Young Sutherland v. S. Herrmann

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


April 11, 2013

WILLIAM YOUNG SUTHERLAND, PLAINTIFF,
v.
S. HERRMANN, ET AL.,
DEFENDANTS.

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 March 4, 2013, the undersigned issued an order directing 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 for assignment of a settlement judge. On March 5, 2013, counsel for defendants filed a waiver to have the undersigned preside over a settlement conference in this case. However, on March 25, 2013, plaintiff filed a request 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 Allison Claire will conduct a settlement conference during the court's scheduled Settlement Week Program at the U. S. District Court, 501 I Street,

Sacramento, California 95814 in Courtroom #26 on June 11, 2013 at 9:00 a.m. A separate order and writ of habeas corpus ad testificandum to secure plaintiff's appearance will issue concurrently with this order.

In accordance with the above, IT IS HEREBY ORDERED that: 1. This case is referred to the court's mediation program for settlement conference and is set for a settlement conference before Magistrate Judge Allison Claire on June 11, 2013, at 9:00 a.m. at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #26.

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.


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