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Anderson v. United States

United States District Court, E.D. California

July 3, 2019

CURTIS ANDERSON, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          ORDER SETTING SETTLEMENT CONFERENCE (DOC. NO. 72)

          HONORABLE BARBARA A. MCAULIFFE JUDGE

         Plaintiff Curtis Anderson is a federal prisoner proceeding pro se and in forma pauperis in this civil action pursuant to the Federal Tort Claims Act.

         On June 3, 2019, in his amended pretrial statement, Plaintiff requested a settlement conference. (Doc. No. 70, at 4.) On June 26, 2019, Defendant United States of America filed its own request for a settlement conference. (Doc. No. 72).

         The Court has determined that this case will benefit from a settlement conference. Therefore, Plaintiff's and Defendant's requests for a settlement conference is granted. This case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct a settlement conference at the United States Courthouse in Fresno, California on August 27, 2019, at 9:30 a.m.

         The parties shall each submit to Magistrate Judge Barbara A. McAuliffe a confidential settlement conference statement, as described below, to arrive at least seven days (one week) prior to the conference.

         The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what the restitution obligation is, but what the value the of the case itself is to each side, irrespective of any outstanding restitution obligation.

         Accordingly, it is HEREBY ORDERED that:

         1. This case is set for a settlement conference before Magistrate Judge Barbara A. McAuliffe on August 27, 2019, at 9:30 a.m., at the United States Courthouse located at 2500 Tulare Street, Fresno, California 93721.

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

         3. A representative of Defendant with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person.

         4. Those in attendance must be prepared to discuss the claims, defenses, and damages.

         5. Defendants shall provide a confidential settlement statement to the following email address: bamorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall be marked “Confidential Settlement Statement”. Settlement statements shall arrive no later than August 20, 2019. Parties shall also file a Notice of Submission of Confidential Settlement 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.

         6. The confidential settlement statement shall be no longer than five pages in length, typed or neatly ...


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