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Faulks v. Yang

United States District Court, E.D. California

October 17, 2019

RICHARD FAULKS, Plaintiff,
v.
S. YANG, Defendant.

          ORDER SETTING SETTLEMENT CONFERENCE

         Plaintiff, who is proceeding with counsel, brings this civil rights action under 42 U.S.C. §1983. The court has determined that this case will benefit from a settlement conference. Therefore, this case will be set for a settlement conference before the undersigned to occur at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #4 on December 13, 2019 at 9:30 a.m.

         Parties will be required to file a signed “Waiver of Disqualification” included below, or notice of non-waiver of disqualification, no later than December 6, 2019.

         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 the undersigned to occur on December 13, 2019 at 9:30 a.m. at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #4.

         2. Parties are required to file a signed “Waiver of Disqualification, ” or notice of non-waiver of disqualification, no later than December 6, 2019.

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

         4. 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.

         5. Parties are directed to submit confidential settlement statements no later than December 6, 2019 to dmcorders@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; ...

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