Free Declaration in Support - District Court of California - California


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Date: March 18, 2008
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State: California
Category: District Court of California
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Case 5:07-cv-02710-JF Document 20 Filed 03/07/2008 Page 1 of 4
r RECE
i IVE D
2 MAR 0 7 2000
CLERK U W- WIEKING
DISTRICT
4 ISTRICT OF CAUFOLNIA
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6 UNITED STATES DISTRICT COURT
7 Northern District of California
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MARTINEZ, et al. `
10 Plaintiffs, No. C 07-27l®
ll v. DECLARATION IN SUPPORT OF
APPLICATION FOR ASSISTED
l2 SETTLEMENT CONFERENCE
Q E LUMBER, et al.,
Q E 13 Defendant(s) in Propia Persona.
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Q Q We, Aggkg, 9 énmu. A E SLI ggdguz ¢< , are the defendants in this case and apply for
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E E placement of this case into the court’s Assisted Settlement Conference program. In support of this
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5 Q application, we declare as follows:
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l. REPRESENTATION. We are not represented by an attorney and no attorney has made an
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appearance for us in this case.
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23 . . .
2. INFORMATION. We have read and considered materials provided about the court’s
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Assisted Settlement Conference Program. We understand the Program involves the court’s reference
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of this case to a settlement conference to be conducted by a magistrate judge.
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Case 5:O7—cv-02710-JF Document 2O Filed O3/O7/2008 Page 2 of 4
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3. ASSISTED SETTLEMENT CONFERENCE. We understand that if this case is referred
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to an Assisted Settlement Conference, we will be offered the assistance of special counsel to help us
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prepare for, participate in, and pursue follow-up to a settlement conference before a magistrate judge.
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We also understand that the role of special counsel is only to educate and assist our preparation for,
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participation in and follow-up to the settlement conference.
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4. LIMITED ASSISTANCE. We understand that special counsel may only help our
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participation in a settlement conference by educating and assisting us. Accordingly, we:
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a. Understand that special counsel will provide no other service of any k1nd1n
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this case, without prior written authorization by the court to do so.
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E b. Agree that the scope of special counsel’s duties to us will extend no further
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8 than is necessary to educate us and assist us to prepare for, participate in, and
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§ g follow up on the court-annexed settlement conference.
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E c. Acknowledge that special counsel’s responsibility to help educate us about the
Q Q process will not involve any control of the case or the settlement conference.
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5 ig d. Acknowledge and agree that special counsel will not analyze our overall legal
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E jg needs, conduct independent investigation of our case, or represent us in such
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5 Q matter.
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e. Understand that special counsel will not advise us about the need to contact
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other counsel for purposes of obtaining legal advice.
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23 . . .
5. PRO SE STATUS. We acknowledge that we continue to provide our own representation
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in this case and in the settlement conference, and that special counsel will only assist and educate us
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in this endeavor.
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Case 5:O7—cv-02710-JF Document 20 Filed O3/O7/2008 Page 3 of 4
I . . .
6. NO CONTRACT. We understand and agree that we have no contractual relationship w1th
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special counsel for legal or other services, and that we will enter no contract with special counsel
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during the time this case is in the Assisted Settlement Conference Program, absent a written order by
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the court permitting such a contract.
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7. EXPERIMENTAL PROGRAM. We understand that Assisted Settlement Conference is an
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experimental program. We have assessed the prospect of participating in a settlement conference
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and acknowledge that there is no foreseeable harm that we will suffer in the failure of the settlement
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conference to resolve the case, improve case management, enhance party satisfaction or
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understanding of the case, or to achieve any other goals of the settlement conference.
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12 . . . . .
F; 8. EVALUATION. We agree to participate in the evaluation of the Assisted Settlement
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8 Conference Program, and to allow any person authorized by the Court to evaluate the Program to
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E E; attend the settlement conference, all court proceedings concerning the Assisted Settlement
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E Conference Program, and any preparatory or follow-up meetings for the settlement conference. We
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E TE further consent to special counsel’s responding to any inquiries about the case from any such person
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52 ig authorized by the Court to evaluate the Program.
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Case 5:O7—cv-02710-JF Document 20 Filed O3/O7/2008 Page 4 of 4
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I . . . . .
9. We confirm that we have carefully considered the limited assistance provided by the
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Assisted Settlement Conference Program and confirm that our decision to apply to enter the program
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is made knowing the limited role to be played by special counsel is to provide only education and
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assistance in the settlement conference.
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6 . . .
We declare under penalty of perjury under the laws of the State of Cahfornra that the
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foregoing is true and correct.
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Date Signature
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r- E Name (Printed)
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E E Date Signature
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E g Name (Pnnted)
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