United States District Court, E.D. California
DAVON E. McCOY, Plaintiff,
J. STRATTON, et al., Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE
a state prisoner proceeding pro se, filed this civil rights
action seeking relief under 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 U.S. District Court, 501 I Street,
Sacramento, California 95814 in Courtroom #24 on August 14,
2017 at 9:30 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:
1. A settlement conference has been set for August 14, 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, California 95814.
2. 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.
3. Parties are directed to submit confidential settlement
statements no later than August 7, 2017 to
firstname.lastname@example.org. 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
August 7, 2017. The envelope shall be marked
“CONFIDENTIAL SETTLEMENT CONFERENCE 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). Parties are also
directed to file a “Notice of Submission of
Confidential Settlement Statement” (See L.R. 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
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, pretrial, and trial.
e. The relief sought.
f. The party's position on settlement, including present
demands and offers and a history of past settlement