United States District Court, E.D. California
G. J. GUTIERREZ, Plaintiff,
A. GUTIERREZ, Defendant.
ORDER SETTING SETTLEMENT CONFERENCE
Courtroom #24, U.S. District Court, 501 I Street, Sacramento,
California 95814 Plaintiff G. J. Gutierrez is a state
prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983.
parties have agreed that this matter would benefit from a
settlement conference with the assistance of a magistrate
judge, and the Court agrees.
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 October 30, 2017 at 9:30 a.m.
accordance with the above, IT IS HEREBY ORDERED that:
case is set for a settlement conference before Magistrate
Judge Carolyn K. Delaney on October 30, 2017 at 9:30 a.m. in
Courtroom #24 at the U.S. District Court, 501 I Street,
Sacramento, California 95814.
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.
Court is informed that Plaintiff has medical conditions which
can be prohibitive and costly when transporting him to
different facilities. As a result, Plaintiff need not
personally appear at the Settlement Conference, provided that
his counsel appears with full settlement authority as
outlined above. Defense counsel is also ordered to assist
Plaintiff's counsel with facilitating a means of
communication with Plaintiff during the Settlement
Conference. Such arrangements should be finalized at least
seven (7) days before the Settlement Conference. Further,
counsel shall advise the Court immediately if any writ or
order of the Court is necessary to facilitate such
Parties are directed to submit confidential settlement
statements no later than October 23, 2017 to
firstname.lastname@example.org. 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, ...