United States District Court, E.D. California
ORDER SETTING SETTLEMENT CONFERENCE
EDMUND
F. BRENNAN UNITED STATES MAGISTRATE JUDGE
Plaintiff
is a state prisoner proceeding pro se with a civil rights
action pursuant to 42 U.S.C. § 1983. The court has
determined that this case will benefit from a settlement
conference. Therefore, this case will be referred to
Magistrate Judge Carolyn K. Delaney to conduct a settlement
conference at the U.S. District Court, 501 I Street,
Sacramento, California 95814 in Courtroom No. 24 on October
18, 2016 at 9:30 a.m.
A
separate order and writ of habeas corpus ad testificandum
will issue concurrently with this order.
In
accordance with the above, IT IS HEREBY ORDERED that:
1. A settlement conference has been set for October 18, 2016
at 9:30 a.m. in Courtroom #24 before Magistrate Judge Carolyn
K. Delaney at the U.S. District Court, 501 I Street,
Sacramento, California 95814.
2. Parties are instructed to have a principal with full
settlement authority present at the Settlement Conference or
to be fully authorized to settle the matter on any terms. The
individual with full authority to settle must also have
“unfettered discretion and authority” to change
the settlement position of the party, if appropriate. The
purpose behind requiring the attendance of a person with full
settlement authority is that the parties’ view of the
case may be altered during the face to face conference. An
authorization to settle for a limited dollar amount or sum
certain can be found not to comply with the requirement of
full authority to settle[1].
3. Each party shall provide a confidential settlement
statement to the following email address:
ckdorders@caed.uscourts.gov not later than October
11, 2016. Plaintiff shall mail his confidential settlement
statement Attn: Magistrate Judge Carolyn K. Delaney, USDC
CAED, 501 I Street, Suite 4-200, Sacramento, California 95814
so it arrives no later than October 11, 2016. The envelope
shall be marked “CONFIDENTIAL SETTLEMENT CONFERENCE
STATEMENT.” If a party desires to share additional
confidential information with the Court, they may do so
pursuant to the provisions of Local Rule 270(d) and (e).
Parties are also directed to file a “Notice of
Submission of Confidential Settlement 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 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
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