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Bancroft v. Garza

United States District Court, E.D. California

May 22, 2018

CAMERON LAWRENCE BANCROFT, Plaintiff,
v.
I. GARZA, et al., Defendants.

          ORDER SETTING SETTLEMENT CONFERENCE ON JULY 16, 2018

         Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed 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 a magistrate judge to conduct a settlement conference at California State Prison, Corcoran (“CSP-COR”), 4001 King Avenue, Corcoran, CA 93212, on July 16, 2018, at 8:30 a.m. The Court will issue the necessary transportation writ in due course.

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. This case is set for a settlement conference before a federal Magistrate Judge on July 16, 2018, at CSP-COR.

         2. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person.[1]

         3. Those in attendance must be prepared to discuss the claims, defenses, and damages at issue in this case. 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. Defendants shall provide a confidential settlement statement to the following email address: settleconf@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention: Institution Settlement Judge for July 16, 2018.” The envelope shall be marked “Confidential Settlement Statement”. Settlement statements shall arrive no later than July 9, 2018. Parties shall also file a Notice of Submission of Confidential Settlement Conference 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.

         5. 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 party's 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.

         IT IS ...


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