United States District Court, E.D. California
DANNY R. GARCIA, Plaintiff,
C/O HEATH, et al., Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
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 United States District Court, 501 I Street,
Sacramento, California 95814, in Courtroom #24 on June 5,
2017, at 9:30 a.m. A separate order and writ of habeas corpus
ad testificandum will issue concurrently with this order.
light of the upcoming settlement conference, all pending
deadlines will be vacated and plaintiff's motion to stay
deadlines pending his transfer to another prison will be
denied as moot.
accordance with the above, IT IS HEREBY ORDERED that:
settlement conference has been set for June 5, 2017, at 9:30
a.m. in Courtroom #24 before Magistrate Judge Carolyn K.
Delaney at the U.S. District Court, 501 I Street, Sacramento,
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.
Parties are directed to submit confidential settlement
statements no later than May 26, 2017, to
email@example.com. 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 May
26, 2017. The envelope shall be marked “CONFIDENTIAL
SETTLEMENT CONFERENCE STATEMENT.”
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
parties are directed to file a “Notice of Submission of
Confidential Settlement Statement.” L.R. 270(d).
confidential settlement statement shall be no longer
than five pages in length, typed or neatly printed,
and include the following:
brief statement of the facts of the case.
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.
summary of the proceedings to date.
estimate of the cost and time to be expended for further