United States District Court, E.D. California
ORDER SETTING SETTLEMENT CONFERENCE
S. AUSTIN, UNITED STATES MAGISTRATE JUDGE
Hall (“Plaintiff”) is a state prisoner proceeding
pro se and in forma pauperis 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 28, 2020 at 10:30
a.m. The Court will issue the necessary
transportation order in due course.
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.
accordance with the above, IT IS HEREBY ORDERED that:
case is set for a settlement conference before Magistrate
Judge Stanley A. Boone on January 28, 2020, at 10:30
a.m. at the U.S. District Court, 2500 Tulare Street,
Fresno, California 93721 in Courtroom #9.
representative with full and unlimited authority to negotiate
and enter into a binding settlement on the defendant's
behalf shall attend in person.
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.
party shall provide a confidential settlement statement no
later than January 21, 2020 to the following email address:
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.” Parties
shall also file a Notice of Submission of Confidential
Settlement Statement. See Local Rule 270(d)).
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.
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