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Applegate v. CCI

United States District Court, E.D. California

May 10, 2017

BRIAN APPLEGATE, Plaintiff,
v.
CCI, et al., Defendants.

          ORDER SETTING SETTLEMENT CONFERENCE

          Michael J. Seng UNITED STATES MAGISTRATE JUDGE.

         Plaintiff Brian Applegate is a state prisoner appearing 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 Stanley A. Boone to conduct a settlement conference at the U.S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9 on July 7, 2017 at 10:00 a.m. Due to Plaintiff's ongoing medical treatment, the Court will require that he be transported from Salinas Valley State Prison (“SVSP”) to the courthouse for the settlement conference, and returned to SVSP on the same date.

         A separate order and writ of habeas corpus ad testificandum will issue separately approximately one month prior to the conference.

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. This case is set for a settlement conference before Magistrate Judge Stanley A.

         Boone on July 7, 2017 at 10:00 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 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. Defendants shall provide a confidential settlement statement to the following email address: saborders@caed.uscourts.gov.Plaintiff shall mail his confidential settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be marked “Confidential Settlement Statement”. Settlement statements shall arrive no later than June 30, 2017. Parties shall also file a Notice of Submission of Confidential Settlement 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.

         5. 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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