United States District Court, E.D. California
GARY R. XAVIER, Plaintiff,
M. FRENCH, et al., Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding pro se and in forma pauperis
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 Kendall J. Newman to conduct a settlement
conference at the U.S. District Court, 501 I Street,
Sacramento, California 95814 in Courtroom #25 on August 22,
2017 at 9:00 a.m.
shall have the option to appear at the settlement conference
in person or by video conference. In the event video
conferencing capabilities are unavailable, plaintiff may
appear by telephone. Plaintiff will be required to return the
attached form advising the court how he would like to appear
at the settlement conference so that the court may issue the
appropriate orders. A separate order and writ of habeas
corpus ad testificandum will issue once it has been
determined how plaintiff will appear.
accordance with the above, IT IS HEREBY ORDERED that:
settlement conference has been set for August 22, 2017 at
9:00 a.m. in Courtroom #25 before Magistrate Judge Kendall J.
Newman at the U.S. District Court, 501 I Street, Sacramento,
Plaintiff shall have the choice to attend the settlement
conference in person or by video. Within ten days after the
filing date of this order, plaintiff shall return the
attached form notifying the court whether he would like to
attend the settlement conference in person or by video. If
plaintiff chooses to appear by video and video conferencing
is not available, he may appear by telephone. If plaintiff
does not return the form telling the court how he would like
to attend the conference, the court will issue orders for
plaintiff to appear by video.
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
parties are directed to exchange non-confidential settlement
statements seven days prior to the settlement conference.
These statements shall simultaneously be delivered to the
court using the following email address:
firstname.lastname@example.org. Plaintiff shall mail
his non-confidential settlement statement to arrive not less
than seven days prior to the settlement conference, addressed
to Magistrate Judge Kendall J. Newman, USDC CAED, 501 I
Street, Suite 4-200, Sacramento, CA 95814. The envelope shall
be marked “Settlement Statement.” If a party
desires to share additional confidential information with the
court, they may do so pursuant to the provisions of Local
Rule 270(d) and (e).
NOTICE ON TYPE OF APPEARANCE AT SETTLEMENT CONFERENCE
would like to participate in the settlement conference in
would like to participate in the settlement ...