Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 This case has been referred to United States Magistrate Judge Edward C. Voss for a 17 settlement conference. The purpose of the settlement conference is to facilitate resolution 18 of the referenced case. 19 Rule 408, Federal Rules of Evidence, applies to all aspects of the settlement 20 conference. All communications and information exchanges made in the settlement process, 21 not otherwise discoverable, will not be admissible in evidence for any purpose. At the 22 conclusion of the settlement conference, all documents submitted by the parties shall be 23 returned, destroyed, or otherwise disposed of in the manner directed by the settlement judge. 24 Pursuant to Rule 16, Federal Rules of Civil Procedure, and 28 U.S.C. §473(b)(5), 25 IT IS ORDERED that defendants and, if represented, their counsel, SHALL 26 physically appear before Magistrate Judge Edward C. Voss, Courtroom 304, Sandra Day 27 28
Case 2:03-cv-02150-SRB-MEA Document 121 Filed 02/28/2006 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Kevin Roy, Plaintiff, vs. State of Arizona, et al., Defendants.

) ) ) ) ) ) ) ) ) )

No. CV-03-2150-PHX-SRB SETTLEMENT CONFERENCE ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

O'Connor U.S. Courthouse, 401 West Washington Street, Phoenix, Arizona, on Thursday, April 13, 2005 at 9:30 a.m. IS IT FURTHER ORDERED directing defendants' counsel to make arrangements for plaintiff to appear telephonically. The settlement conference shall continue until concluded by the court. IT IS FURTHER ORDERED that each separately represented party and each unrepresented party, if any, shall submit a completed settlement statement form (a copy is attached for your use) in an envelope marked "Confidential" addressed to Hon. Edward C. Voss, Settlement Conference Judge, United States District Court, 401 West Washington Street, SPC 75, Phoenix, Arizona, 85003-2120. The statement may be hand-delivered or mailed; however, it must be received by the Settlement Conference Judge on or before April 3, 2006. IT IS FURTHER ORDERED COUNSEL WHO WILL BE RESPONSIBLE FOR TRIAL OF THE LAWSUIT FOR DEFENDANTS SHALL PERSONALLY APPEAR AND PARTICIPATE IN THE SETTLEMENT CONFERENCE. IT IS FURTHER ORDERED that each party shall attend the settlement conference in person unless the court finds good cause to permit a party to appear by telephone. Here, given plaintiff's incarceration, the court finds good cause for him to appear telephonically. A corporation, association, partnership, business entity, organization, governmental agency, or political body shall appear through a representative having binding settlement authority in addition to counsel. IT IS FURTHER ORDERED that an attorney's FAILURE TO APPEAR WITH THE CLIENT WILL RESULT IN SANCTIONS. DATED this 28th day of February, 2006.

-2Case 2:03-cv-02150-SRB-MEA Document 121 Filed 02/28/2006 Page 2 of 6

1 CONFIDENTIAL SETTLEMENT STATEMENT 2 3 IN RE: CV4 ________________________________________________________________________ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Case 2:03-cv-02150-SRB-MEA Document 121 Filed 02/28/2006 Page 3 of 6

THIS DOCUMENT IS CONFIDENTIAL AND SHOULD BE SENT DIRECTLY TO THE SETTLEMENT CONFERENCE JUDGE, HON. EDWARD C. VOSS, UNITED STATES DISTRICT COURT, 401 WEST WASHINGTON STREET, SPC 75, PHOENIX, ARIZONA, 85003-2120. THIS DOCUMENT SHALL NOT BE SERVED ON THE OPPOSING PARTY NOR FILED WITH THE CLERK OF THE COURT. THIS DOCUMENT WILL BE DESTROYED AT THE CONCLUSION OF THE SETTLEMENT CONFERENCE PROCEEDINGS. NO REFERENCE TO THIS DOCUMENT OR ITS CONTENTS SHALL BE MADE IN ANY MOTIONS, BRIEFS OR OTHER DOCUMENTS FILED IN THIS CASE. THIS DOCUMENT SHALL BE INADMISSIBLE IN EVIDENCE IN ANY JUDICIAL PROCEEDING.

PARTY SUBMITTING STATEMENT:_______________________________________ NAME OF ATTORNEY SUBMITTING STATEMENT:__________________________ (OR PARTY IF UNREPRESENTED BY COUNSEL) ADDRESS:_________________________________________________________ _________________________________________________________ PHONE: FAX: ________________________ ________________________

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SHORT DESCRIPTION OF FACTS:

ISSUES TO BE RESOLVED:

-4Case 2:03-cv-02150-SRB-MEA Document 121 Filed 02/28/2006 Page 4 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DESCRIBE ANY PRIOR SETTLEMENT DISCUSSIONS, OFFERS OR DEMANDS:

DESCRIBE THE STRENGTHS AND WEAKNESSES OF YOUR CASE:

-5Case 2:03-cv-02150-SRB-MEA Document 121 Filed 02/28/2006 Page 5 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IN ADDITION TO ECONOMIC INTERESTS, WHAT OTHER OUTCOME DO YOU HOPE TO ACHIEVE AS A RESULT OF THIS LITIGATION?

ANY OTHER INFORMATION THAT YOU FEEL WOULD HELP THE SETTLEMENT CONFERENCE JUDGE:

The parties are free to use any format to provide answers to the questions posed. The only limit to the length of any answer provided is the application of common sense.

DATED this ______ day of ______________, 2004.

__________________________________________ Signature of Counsel or Party

-6Case 2:03-cv-02150-SRB-MEA Document 121 Filed 02/28/2006 Page 6 of 6