United States District Court, E.D. California
ORDER SETTING SETTLEMENT CONFERENCE
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding through appointed counsel 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 Carolyn K. Delaney to conduct a
settlement conference at the United States District Court,
501 I Street, Sacramento, California 95814, in Courtroom No.
24, on Tuesday, October 15, 2019, at 9:30 a.m. The Court will
issue the necessary transportation order in due course.
accordance with the above, IT IS HEREBY ORDERED that:
case is set for a settlement conference before Magistrate
Judge Carolyn K. Delaney on Tuesday, October 15, 2019, at
9:30 a.m., in Courtroom No. 24, at the United States District
Court, 501 I Street, Sacramento, California 95814.
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 8, 2019 to
firstname.lastname@example.org. Parties are also
directed to file a “Notice of Submission of
Confidential Settlement Statement” (See L.R. 270(d)).
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
confidential settlement statement shall be no longer than
five pages in length, typed or neatly printed, and include
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
discussions, offers, and demands. g. A brief statement of
each party's expectations and goals for the settlement
conference, including how much a party is willing to accept
and/or willing to pay. h. If the parties intend to discuss
the joint settlement of any other actions or claims not in
this suit, ...