(PC) Stokes v. Cheek et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Plaintiff Antwone Stokes (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against
Defendants Cheek, Orcullo, and Alvarez (“Defendants”) for failure to protect and denial of medical
care in violation of the Eighth Amendment. All parties have consented to Magistrate Judge
jurisdiction. (ECF No. 32.)
The parties have requested that this case be set for a settlement conference. Therefore, this
case will be referred to Magistrate Judge Stanley A. Boone to conduct a video settlement conference,
via the Zoom videoconferencing application, on May 8, 2026, at 9:30 a.m.
Counsel for Defendants shall each contact Courtroom Deputy Jan Nguyen at (559) 499-5672
or jnguyen@caed.uscourts.gov for the video and dial-in information, including any necessary
passcodes. Counsel for Defendants is also required to arrange for Plaintiff’s participation by
ANTWONE STOKES,
Plaintiff,
v.
CHEEK, et al.,
Defendants.
Case No. 1:24-cv-00691-FRS (BAM) (PC)
ORDER SETTING SETTLEMENT
CONFERENCE AND STAYING CASE
Hearing: Settlement Conference
Date: May 8, 2026
Time: 9:30 a.m.
Judge: Stanley A. Boone
Location: via Zoom Videoconference

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contacting the Litigation Coordinator at the institution where Plaintiff is housed and providing the
necessary Zoom contact information.
The parties shall each submit to Judge Boone a confidential settlement conference statement,
as described below, to arrive at least seven days (one week) prior to the conference.
The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution
obligation, 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.
The parties shall be prepared to negotiate the merits of the case and offer more than a waiver of
costs as a reasonable compromise to settle the case. The parties are also informed that an offer of
dismissal in exchange for a waiver of costs is not considered good faith settlement negotiations.
In accordance with the above, IT IS HEREBY ORDERED that:
1. This action is STAYED to allow the parties an opportunity to settle their dispute. Except as
provided herein or by subsequent court order, no other pleadings or other documents may be
filed in this case during the stay of this action.
2. This case is set for a video settlement conference, via the Zoom videoconferencing
application, before Magistrate Judge Stanley A. Boone on May 8, 2026, at 9:30 a.m.
Defense counsel shall arrange for Plaintiff’s participation by contacting the Litigation
Coordinator at the institution where Plaintiff is housed to determine whether the
institution can accommodate a Zoom video appearance by Plaintiff at this date and time.
3. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend via the Zoom videoconferencing application.
4. Those in attendance must be prepared to discuss the claims, defenses and damages. The failure
or refusal of any counsel, party or authorized person subject to this order to appear in person
may result in the cancellation of the conference and the imposition of sanctions. The manner
and timing of Plaintiff’s transportation to and from the conference is within the discretion of
CDCR.
///

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5. Defendants shall provide a confidential settlement statement to the following email address:
saborders@caed.uscourts.gov. 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.” Settlement statements shall arrive no later than May 1, 2026. 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.
6. 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 willing to accept and/or willing to pay.
f. If parties intend to discuss the joint settlement of any other actions or claims not in this
suit, give a brief description of each action or claim as set forth above, including case
number(s) if applicable.
7. If a settlement is reached at any point during the stay of this action, the parties shall file a
Notice of Settlement in accordance with Local Rule 160.
8. The parties remain obligated to keep the Court informed of their current address at all times
during the stay and while the action is pending. Any change of address must be reported
promptly to the Court in a separate document captioned for this case and entitled “Notice of

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Change of Address.” See Local Rule 182(f).
9. Counsel for Defendants is required to arrange for Plaintiff’s participation by contacting the
Litigation Coordinator at the institution where Plaintiff is housed and providing the necessary
Zoom contact information.
10. A failure to follow these procedures may result in the imposition of sanctions by the
court.
IT IS SO ORDERED.
Dated: February 21, 2026 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE