United States District Court, E.D. California
ORDER SETTING SETTLEMENT CONFERENCE
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
is a state prisoner, proceeding pro se, 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 Carolyn K. Delaney to conduct a settlement
conference at the U.S. District Court, 501 I Street,
Sacramento, California 95814 in Courtroom #24 on January 30,
2018, 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:
case is set for a settlement conference before Magistrate
Judge Carolyn K. Delaney on January 30, 2018, 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.
Parties are directed to submit confidential settlement
statements no later than January 23, 2018 to
email@example.com. 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
January 23, 2018. The envelope shall be marked
“CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT.”
Parties are also directed to file a “Notice of
Submission of Confidential Settlement Statement” (See
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.
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, ...