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McQueen v. Brown

United States District Court, E.D. California

July 10, 2019

LAMAR MCQUEEN, aka NINA SHANAY MCQUEEN, Plaintiff,
v.
EDMUND BROWN, et al., Defendants.

          ORDER SETTING SETTLEMENT CONFERENCE

          ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE

         Plaintiff 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.

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

         1. This 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.

         2. 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].

         3. Parties are directed to submit confidential settlement statements no later than October 8, 2019 to ckdorders@caed.uscourts.gov. 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.

         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 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, ...

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