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Richard Manuel Burgos v. Robert Long

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


May 10, 2013

RICHARD MANUEL BURGOS, PLAINTIFF,
v.
ROBERT LONG, ET AL., DEFENDANTS.

ORDER SETTING SETTLEMENT CONFERENCE June 4, 2013, 10:00 a.m.

Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. The court has determined that this case will benefit from a settlement conference. This case will be set for a settlement conference before the undersigned to run concurrently with the Settlement Conference in Burgos v. Cate, 2:09-cv-3276-MCE-CMK, on June 4, 2013 at 10:00 a.m. at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #8.

Parties will be required to file a signed Waiver of Disqualification (included below), or notice of non-waiver of disqualification, no later than May 28, 2013.

A separate writ of habeas corpus ad testificandum was issued in Burgos v. Cate (2:09-cv-3276-MCE-CMK) to provide for plaintiff's presence on June 4. Therefore, no writ need issue in this case.

In accordance with the above, IT IS HEREBY ORDERED that:

1. This case is set for a settlement conference before the undersigned on June 4, 2013, at 10:00 a.m. at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #8.

2. Parties are required to file a signed Waiver of Disqualification (included below), or notice of non-waiver of disqualification, no later than May 28, 2013.

3. A representative with full and unlimited authority to negotiate and enter into a binding settlement on defendants' behalf shall attend in person.*fn1

4. 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.

5. Each party shall provide a confidential settlement conference statement to Sujean Park, 501 I Street, Suite 4-200, Sacramento, California 95814, or via e-mail at spark@caed.uscourts.gov, so they arrive no later than May 28, 2013 and 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 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 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.

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

RICHARD MANUEL BURGOS, Plaintiff, v. ROBERT LONG, et al., Defendants.

No. 2:10-cv-3274 TLN EFB P

Waiver of Disqualification

Under Local Rule 270(b) of the Eastern District of California, the parties to the herein action affirmatively request that Magistrate Judge Brennan participate in the settlement conference scheduled for June 4, 2013. To the extent the parties consent to trial of the case before the assigned Magistrate Judge, they waive any claim of disqualification to the assigned Magistrate Judge trying the case thereafter.

By: Plaintiff Dated:______________________ By: Attorney for defendant Dated:______________________


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