United States District Court, E.D. California
ORDER SETTING SETTLEMENT CONFERENCE
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE.
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.
separate order and writ of habeas corpus ad testificandum
will issue concurrently with this order.
accordance with the above, IT IS HEREBY ORDERED that:
stay in this action is extended through October 10, 2019.
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.
Plaintiff is to appear at the settlement conference by video
conference from his present place of confinement.
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.
Parties are directed to submit confidential settlement
statements no later than October 3, 2019 to
email@example.com. 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)).
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.
confidential settlement statement shall be no longer
than five pages in length, typed or neatly printed,
and include the following:
brief statement of the facts of the case.
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 ...