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O'Connor v. Perez

United States District Court, E.D. California

June 21, 2019

GLENN O'CONNOR, Plaintiff,
v.
W. PEREZ, et al., Defendants.

          ORDER SETTING SETTLEMENT CONFERENCE

          DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE.

         Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §1983. On May 24, 2019, the court referred this action to the Post-Screening ADR (Alternative Dispute Resolution) Project and stayed this action so that the parties could participate in a settlement conference. (ECF No. 33.) Accordingly, 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 October 10, 2019 at 9:30 a.m.

         A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order.

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

         1. The stay in this action is extended through October 10, 2019.

         2. This case is set for a settlement conference before Magistrate Judge Carolyn K. Delaney on October 10, 2019 at 9:30 a.m. at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #24.

         3. Plaintiff is to appear at the settlement conference by video conference from his present place of confinement.

         4. 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[1].

         5. Parties are directed to submit confidential settlement statements no later than October 3, 2019 to ckdorders@caed.uscourts.gov. 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 October 3, 2019. The envelope shall be marked “CONFIDENTIAL SETTLEMENT STATEMENT.” Parties are also directed to file a “Notice of Submission of Confidential Settlement Statement” (See L.R. 270(d)).

         6. 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.

         7. 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 ...


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