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Baca v. Biter

United States District Court, E.D. California

December 11, 2019

FRANK BACA, Plaintiff,
v.
MARTIN BITER, et al., Defendants.

          ORDER SETTING SETTLEMENT CONFERENCE

         Frank Baca (“Plaintiff”) is a state prisoner proceeding through counsel with 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 U.S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9 on January 17, 2020 at 9:30 a.m. The Court will issue the necessary transportation order in due course.

         The court puts the parties on notice that if Plaintiff has any outstanding criminal restitution obligations, fines and/or penalties, these settlement negotiations shall not be geared towards what the restitution obligation is, but what the value of the case itself is to each side, irrespective of any outstanding restitution obligation.

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

         1. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone on January 17, 2020, at 9:30 a.m. at the U.S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9.

         2. A representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendant's 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. The manner and timing of Plaintiff's transportation to and from the conference is within the discretion of CDCR.

         4. Each party shall provide a confidential settlement statement no later than January 10, 2020 to the following email address: saborders@caed.uscourts.gov. 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.

         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. 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 ...

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