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York v. Garcia

United States District Court, E.D. California

September 23, 2019

REGINALD RAY YORK, Plaintiff,
v.
G. GARCIA, et al., Defendants.

          Before the Honorable Stanley A. Boone, J.

          ORDER SETTING SETTLEMENT CONFERENCE

          BARBARA A. McAULIFFE, UNITED STATES MAGISTRATE JUDGE

         Plaintiff Reginald Ray York is a state prisoner proceeding pro se in this civil rights action 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 Stanley A. Boone to conduct a settlement conference at the California State Prison, Corcoran, 4001 King Avenue, Corcoran, CA 93212 on November 8, 2019, at 8:30 a.m. The Court will issue the necessary transportation order in due course.

         The parties shall each submit to Magistrate Judge Stanley A. Boone 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 Stanley A. Boone on November 8, 2019, at 8:30 a.m., at the California State Prison, Corcoran, located at 4001 King Avenue, Corcoran, CA 93212.

         2. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person.[1]

         3. Those in attendance must be prepared to discuss the claims, defenses, and damages. The failure or refusal of any counsel, party or authorized person subject to this order to appear in person may result in the cancellation of the conference and the imposition of sanctions. The manner and timing of Plaintiff’s transportation to and from the conference is within the discretion of CDCR.

         4. Defendants shall provide a confidential settlement statement to the following email address: saborders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention: Magistrate Judge Stanley A. Boone.” 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 thereon.

         5. 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; ...

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