United States District Court, E.D. California
ORDER RE SETTLEMENT CONFERENCE
K. OBERTO UNITED STATES MAGISTRATE JUDGE
James Leos, is a state prisoner proceeding pro se
and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983. On May 1, 2018, the
magistrate judge assigned to this action scheduled a
settlement conference before Magistrate Judge Sheila K.
Oberto at the U.S. District Court, 2500 Tulare Street,
Fresno, California 93721 in Courtroom #7 on July 10, 2018, at
10:00 a.m. An order and writ of habeas corpus ad
testificandum will issue separately.
accordance with the above, IT IS HEREBY ORDERED that:
1. A settlement conference is set for July 10, 2018, at 10:00
a.m. in Courtroom #7 before Magistrate Judge Sheila K. Oberto
at the U.S. District Court, 2500 Tulare Street, Fresno,
2. Defendant's lead counsel and a person with full and
unlimited authority to negotiate and enter into a binding
settlement on defendant's behalf shall attend in
3. 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.
4. The parties are directed to submit confidential settlement
statements no later than June 26, 2018, to
email@example.com. Plaintiff shall mail
his confidential settlement statement to Sujean Park, ADR
& Pro Bono Program Director, USDC CAED, 501 I Street,
Suite 4-200, Sacramento, California 95814 so it arrives no
later than June 26, 2018. The envelope shall be marked
“Confidential Settlement 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)).
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. 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. 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