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Dorsey v. Moore
United States District Court, E.D. California
July 26, 2016
MARK E. DORSEY, Plaintiff,
D. MOORE, Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE.
Mark E. Dorsey (“Plaintiff”) is a state prisoner
proceeding pro se and in forma pauperis in this 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 Jennifer L. Thurston to conduct a settlement
conference at Richard J. Donovan Correctional Facility (RJD),
480 Alta Road, San Diego, California 92179, on November 9,
2016 at 1:30 p.m.
to allow the parties to focus on preparing for the settlement
negotiations, the upcoming deadline for filing and serving
dispositive motions in this matter will be extended until
after the settlement conference is completed.
accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before
Magistrate Judge Jennifer L. Thurston on November 9, 2016 at
1:30 p.m. at Richard J. Donovan Correctional Facility (RJD),
480 Alta Road, San Diego California 92179.
2. A representative with full and unlimited authority to
negotiate and enter into a binding settlement shall attend in
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. At least twenty one (21) days before the settlement
conference, Plaintiff SHALL submit to Defendant, by mail, a
written itemization of damages and a meaningful settlement
demand, which includes a brief explanation of why such a
settlement is appropriate, not to exceed ten (10) pages in
length. Thereafter, no later than fourteen (14) days before
the settlement conference, Defendant SHALL respond, by
telephone or in person, with an acceptance of the offer or
with a meaningful counteroffer, which includes a brief
explanation of why such a settlement is appropriate. If
settlement is achieved, defense counsel is to immediately
inform the courtroom deputy of Magistrate Judge Thurston.
5. If settlement is not achieved informally, each party shall
submit a confidential settlement statement not later than
November 2, 2016 to email@example.com.
Plaintiff shall mail his confidential settlement statement to
ADR Director, U.S. District Court, 501 I Street, Suite 4-200,
Sacramento, California 95814 so it arrives no later than
November 2, 2016. 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 discovery, ...
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