United States District Court, E.D. California
ORDER SETTING SETTLEMENT CONFERENCE
F. BRENNAN UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding without counsel in an action
brought under 42 U.S.C. §1983. On April 16, 2018 the
parties were ordered to inform this court's ADR division
if they believed a settlement conference would be beneficial.
ECF No. 84. After a review of the responses, it has been
determined that this case will benefit from a settlement
conference. Therefore, this case will be referred to
Magistrate Judge Kendall J. Newman to conduct a settlement
conference at the U.S. District Court, 501 I Street,
Sacramento, California 95814 in Courtroom #25 on September
12, 2018 at 9:00 a.m.
shall have the option to appear at the settlement conference
in person or by video conference. In the event video
conferencing capabilities are unavailable, plaintiff may
appear by telephone. Plaintiff will be required to return the
attached form advising the court how he would like to appear
at the settlement conference so that the court may issue the
appropriate orders. A separate order and writ of habeas
corpus ad testificandum will issue once it has been
determined how plaintiff will appear.
accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before
Magistrate Judge Kendall J. Newman on September 12, 2018 at
9:00 a.m. at the U.S. District Court, 501 I Street,
Sacramento, California 95814 in Courtroom #25.
2. A representative with full and unlimited authority to
negotiate and enter into a binding settlement on the
defendants' behalf shall attend in person.
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. Plaintiff shall have the choice to attend the settlement
conference in person or by video. Within ten days after the
filing date of this order, plaintiff shall return the
attached form notifying the court whether he would like to
attend the settlement conference in person or by video. If
plaintiff chooses to appear by video and video conferencing
is not available, he may appear by telephone. If plaintiff
does not return the form telling the court how he would like
to attend the conference, the court will issue orders for
plaintiff to appear by video.
5. The parties are directed to exchange non-confidential
settlement statements seven days prior to the settlement
conference. These statements shall simultaneously be
delivered to the court using the following email address:
email@example.com. Plaintiff shall mail
his non-confidential settlement statement Attn: Magistrate
Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite
4-200, Sacramento, CA 95814 so that it arrives at least seven
(7) days prior to the settlement conference. The envelope
shall be marked “SETTLEMENT STATEMENT.” The date
and time of the settlement conference shall be prominently
indicated on the 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). DATED: May 31, 2018. y
NOTICE ON TYPE OF APPEARANCE AT SETTLEMENT CONFERENCE
would like to participate in the settlement conference in
would like to participate in the settlement ...