United States District Court, E.D. California
BRIAN C. APPLEGATE, Plaintiff,
N. CLARK, et al, Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
Brian Applegate, 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. Therefore, this case will be
referred to Magistrate Judge Barbara A. McAuliffe to conduct
a settlement conference at the U.S. District Court, 2500
Tulare Street, Fresno, California 93721 in Courtroom #8 on
September 29, 2016 at 9:00 a.m.
separate order and writ of habeas corpus ad testificandum
will issue concurrently with this order.
accordance with the above, IT IS HEREBY ORDERED that:
settlement conference has been set for September 29, 2016 at
9:00 a.m. in Courtroom #8 before Magistrate Judge Barbara A.
McAuliffe at the U.S. District Court, 2500 Tulare Street,
Fresno, California 93721.
representative with full and unlimited authority to negotiate
and enter into a binding settlement shall attend in
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
least 28 days before the settlement conference, defendants
shall contact plaintiff, by phone or in person, to discuss
settlement options. If settlement is achieved, defense
counsel is to immediately inform the courtroom deputy of
Magistrate Judge Barbara A. McAuliffe.
settlement is not achieved informally, each party shall
provide a confidential settlement statement to the following
email address: firstname.lastname@example.org.
Plaintiff shall mail his confidential settlement statement to
Sujean Park, ADR & Pro Bono Program Director, USDC CAED,
501 I Street, Suite 4-200, Sacramento, California 95814. The
envelope shall be marked “Confidential Settlement
Statement”. Settlement statements shall arrive no later
than September 12, 2016. Parties shall also file a Notice
of Submission of Confidential Settlement Conference
Statement (See Local Rule 270(d)).
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
shall submit a single, joint confidential settlement
statement for all related cases, addressing each case
separately only as necessary, so not to repeat the same
information multiple times and to keep the document as brief
as possible. Plaintiffs confidential settlement statement
shall be no longer than five pages in length, typed or neatly
parties’ confidential settlement statements shall
address 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; ...