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Brummett v. Rivero
United States District Court, E.D. California
July 11, 2017
MELVIN RAY BRUMMETT, JR., Plaintiff,
J. RIVERO, Defendant.
ORDER SETTING SETTLEMENT CONFERENCE ON SEPTEMBER 18,
Melvin Ray Brummett, Jr. is appearing pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C.
§ 1983. As set forth in the screening order, Plaintiff
has stated a potentially cognizable civil rights claim. Thus,
the Court will stay this action to allow the parties to
investigate Plaintiff's claims, meet and confer, and then
participate in an early settlement conference. Therefore,
this case will be referred to Magistrate Judge Barbara A.
McAuliffe to conduct a settlement conference at the
California State Prison, Corcoran (CSP-COR), 4001 King
Avenue, Corcoran, CA 93212 on September 18, 2017, at 8:30
a.m. The Court will issue the necessary transportation order
in due course.
accordance with the above, IT IS HEREBY ORDERED that:
1. This action is stayed until September 18, 2017, to allow
the parties an opportunity to settle their dispute before a
responsive pleading is filed, or the discovery process
begins. Except as provided herein or by subsequent court
order, no other pleadings or other documents may be filed in
this case during the stay of this action. The parties shall
not engage in formal discovery, but the parties may elect to
engage in informal discovery.
2. This case is set for a settlement conference before
Magistrate Judge Barbara A. McAuliffe on September 18, 2017,
3. A representative with full and unlimited authority to
negotiate and enter into a binding settlement shall attend in
4. 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.
5. Defendants shall provide a confidential settlement
statement to the following email address:
email@example.com. Plaintiff shall mail his
confidential settlement statement to U.S. District Court,
2500 Tulare Street, Fresno, California, 93721,
“Attention: Magistrate Judge Barbara A.
McAuliffe.” The envelope shall be marked
“Confidential Settlement Statement”. Settlement
statements shall arrive no later than September 11, 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.
6. 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. An estimate of the cost and time to be expended for
further discovery, pretrial, and trial.
d. The party's position on settlement, including present
demands and offers and a history of past settlement
discussions, offers, and demands.
e. A brief statement of each party's expectations and
goals for the settlement conference, including how much a
party is willing to accept and/or willing to pay.
7. If the parties are unable to settle this action during the
September 18, 2017 settlement conference, Defendants shall
file a responsive ...
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