United States District Court, E.D. California
JOSHUA A. WILLARD, Plaintiff,
C. WADDLE, Defendant.
ORDER SETTING SETTLEMENT CONFERENCE ON NOVEMBER 8,
S. AUSTIN, UNITED STATES MAGISTRATE JUDGE.
A. Willard (“Plaintiff”) is a state prisoner
proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. §
1983. On June 24, 2019, plaintiff filed a Motion Requesting a
Settlement Conference. (ECF No. 24.) On July 29, 2019, the
Court ordered the defendant to file a response to
plaintiff's motion. (ECF No. 25.) The defendant filed a
response on August 28, 2019 indicating that the defendant
believes a settlement conference would aid the parties in the
resolution of this matter. (ECF No. 26.) The Court has
therefore determined that this case will benefit from a
settlement conference. This case will be referred to a
Magistrate Judge to conduct a settlement conference at the
California State Prison, Corcoran (CSP-COR), 4001 King
Avenue, Corcoran, CA 93212 on November 8, 2019, at 8:30 a.m.
accordance with the above, IT IS HEREBY ORDERED that:
Plaintiff's Motion Requesting a Settlement Conference is
granted and this case is set for a settlement conference
before a Federal Magistrate Judge on November 8, 2019, at
representative with full and unlimited authority to negotiate
and enter into a binding settlement shall attend in
Those in attendance must be prepared to discuss the claims,
defenses and damages. 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
Defendants shall provide a confidential settlement statement
to the following email address:
shall mail his confidential settlement statement to U.S.
District Court, 2500 Tulare Street, Fresno, California,
93721, “Attention: Institution Settlement Judge
for November 8, 2019.” The envelope shall be
marked “Confidential Settlement Statement”.
Settlement statements shall arrive no later than November 1,
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
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. An estimate of the cost and time to be expended for
further discovery, pretrial, and trial.
d. The party's position on settlement, including present
demands and offers and a history of past settlement
discussions, offers, and demands.
e. 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.
f. If the parties intend to discuss the joint settlement of
any other actions or claims not in this suit, give a brief
description of each action or claim as set forth above,