UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 22, 2013
JIMMY MCDONALD, PLAINTIFF,
J. A. YATES, ET AL.,
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
ORDER REFERRING CASE TO SETTLEMENT WEEK PROGRAM AND SETTING SETTLEMENT CONFERENCE
Date: June 12, 2013 Time: 11:00 a.m. Place: Courtroom 9 before the Honorable Stanley A. Boone
Plaintiff Jimmy McDonald, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 24, 2009. This action for damages is proceeding against Defendants Cano, Clark, Rodriguez, and Roberts for acting with deliberate indifference to a substantial risk of harm to Plaintiff's health and/or safety, in violation of the Eighth Amendment of the United States Constitution, and the case is currently set for trial on June 25, 2013.
The Court has determined that it is appropriate to include this action in the Eastern District of California's Settlement Week Program. This case is therefore set for a settlement conference before United States Magistrate Judge Stanley A. Boone on June 12, 2013, at 11:00 a.m. at the federal courthouse in Fresno, California.
Accordingly, the Court HEREBY ORDERS as follows:
1. This case is referred to the Prisoner Settlement Program and set for a settlement conference on June 12, 2013, at 11:00 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno, California, 93721, in courtroom #9.
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 relief sought. 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 (1) provide a confidential settlement conference statement, described below, to Sujean Park, 501 I Street, Suite 4-200, Sacramento, California, 95814, or via e-mail at firstname.lastname@example.org, to arrive no later than June 4, 2013 , and
(2) file a Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 270(d)).
Settlement statements should not be filed with the Clerk of the Court or 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 three 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, e.g., 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, 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, offers, and demands.
g. A brief statement of each party's expectations and goals for the settlement conference.
IT IS SO ORDERED.