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Dillingham v. Garcia
United States District Court, E.D. California
July 10, 2019
JERRY DILLINGHAM, Plaintiff,
F. GARCIA, Defendant.
ORDER SETTING SETTLEMENT CONFERENCE
Dillingham (“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 Magistrate Judge Jennifer L. Thurston to conduct
a settlement conference at the U.S. District Court,
51019th Street, Bakersfield, California, 93301, on
August 27, 2019, at 9:00 a.m. The Court will issue the
necessary transportation order in due course.
accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before
Magistrate Judge Jennifer L. Thurston on August 27, 2019, at
9:00 a.m., at the U.S. District Court, 51019th
Street, Bakersfield, California, 93301.
2. A representative with full and unlimited authority to
negotiate and enter into a binding settlement shall attend in
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. At least 21 days before the settlement conference,
Plaintiff SHALL submit to Defendant a written itemization of
damages and a meaningful settlement demand, which includes a
brief explanation of why such a settlement is appropriate,
not to exceed ten pages in length. Thereafter, no later than
14 days before the settlement conference, Defendant SHALL
respond, in writing, with an acceptance of the offer or with
a meaningful counteroffer, which includes a brief explanation
of why such a settlement is appropriate. If settlement is
achieved, defense counsel is to immediately inform the
courtroom deputy of Magistrate Judge Thurston.
5. If settlement is not achieved informally, each party shall
provide a confidential settlement statement to the following
email address: firstname.lastname@example.org.
Settlement statements shall arrive no later than August 21,
2019. Parties shall also file a Notice of Submission of
Confidential Settlement Conference Statement
(see L.R. 270(d)). Settlement statements should not
be filed with the Clerk of 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 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 and defenses; and a description of
the major issues in dispute.
c. A summary of the proceedings to date.
d. An estimate of the cost and time to be expended for
further discovery, pretrial, and trial.
e. The relief sought.
f. The party's position on settlement, including present
demands and offers and a history of past settlement
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