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Butler v. Iannone M.

United States District Court, E.D. California

September 25, 2019

ANTHONY THOMAS BUTLER, Plaintiff,
v.
IANNONE M., et al., Defendants.

          ORDER SETTING SETTLEMENT CONFERENCE AND STAYING THE CASE

          CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.

         Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this federal 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 Dennis M. Cota to conduct a settlement conference at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #1 on November 7, 2019 at 9:30 a.m.

         A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order.

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

         1. This case is set for a settlement conference before Magistrate Judge Dennis M. Cota on November 7, 2019 at 9:30 a.m. at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #1.

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

         3. 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 date.

         4. Parties are directed to submit confidential settlement statements no later than October 31, 2019 to dmcorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Dennis M. Cota, USDC CAED, 2986 Bechelli Lane, Suite 300, Redding, California 96002 so it arrives no later than October 31, 2019. The envelope shall be marked “CONFIDENTIAL SETTLEMENT STATEMENT.” 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, ...

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