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Grigsby v. Munguia

United States District Court, E.D. California

April 25, 2017

JONATHAN GRIGSBY, Plaintiff,
v.
M. MUNGUIA, et al., Defendants.

          ORDER SETTING SETTLEMENT CONFERENCE

         Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. On October 20, 2016, plaintiff filed a motion requesting a settlement conference. Defendants filed a statement of non-opposition on March 8, 2017. On March 24, 2017, this case was referred to Magistrate Judge Stanley A. Boone to conduct a settlement conference at the U.S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9 on May 25, 2017 at 11:00 a.m. Due to a conflict on the court's calendar, the settlement conference in this case will be continued from May 25, 2017 to June 20, 2017 at 10:15 a.m. The settlement conference will still occur at the U.S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9.

         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. The settlement conference in this case before Magistrate Judge Stanley A. Boone is continued from May 25, 2017 to June 20, 2017 at 10:15 a.m. at the U.S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9.
2. A representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendants' behalf 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. Each party shall provide a confidential settlement statement to the following email address: saborders@caed.uscourts.gov. 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 June 13, 2017. Parties shall also file a Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 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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