Dorsey v. Moore

          ORDER SETTING SETTLEMENT CONFERENCE

          BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE.

         Plaintiff 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.

         Furthermore, 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.

         In 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 person.^[1]

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 jltorders@caed.uscourts.gov. 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, ...