United States District Court, E.D. California
LARRY A. CHATMAN, Petitioner,
M.S. EVANS, Respondent.
ORDER SETTING SETTLEMENT CONFERENCE
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.
is a California state inmate proceeding through counsel with
a federal habeas corpus petition filed pursuant to 28 U.S.C.
§ 2254. On today's date, the undersigned issued
Findings and Recommendations that petitioner's second
amended habeas corpus application be granted with respect to
claim one. In light of the lengthy litigation history in this
case as well as the pending recommendation granting relief,
the parties are hereby ordered to attend a settlement
conference before Magistrate Judge Allison Claire at the U.S.
District Court, 501 I Street, Sacramento, California 95814 in
Courtroom #26 on April 19, 2018 at 9:00 a.m. The
April 19, 2018 date is firm and the parties are advised that
no extensions of time to comply with this order will be
separate order for a writ of habeas corpus ad testificandum
will not issue at this time in order to allow
petitioner's counsel to determine whether petitioner
prefers to be personally present at the settlement conference
or to participate via video conferencing from California
accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before
Magistrate Judge Allison Claire on April 19, 2018, at 9:00
a.m. in Courtroom #26 at the U.S. District Court, 501 I
Street, Sacramento, California 95814.
2. Counsel for petitioner shall confer with his client to
determine whether petitioner prefers to be personally present
at the settlement conference or to participate via video
conferencing. Counsel shall file a notice with the court
describing petitioner's preference for participation no
later than April 6, 2018.
3. 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
4. Parties are directed to submit confidential settlement
statements no later than April 16, 2018 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).
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 and include the following:
a. A brief statement of the facts of the case.
b. A forthright evaluation of the parties' likelihood of
prevailing before the District Court Judge as well as the
Ninth Circuit Court of Appeal.
c. A summary of the procedural history of this case to date.
d. An estimate of the cost and time to be expended for