Howard v. Gradtillo et al

Filing 101

ORDER of Referral for Settlement Week and Setting Settlement Conference signed by Magistrate Judge Stanley A Boone on 04/08/2013. Settlement Conference set for 6/11/2013 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLARENCE HOWARD,

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CASE NO. 1:05-cv-00906-AWI-SAB (PC)

Plaintiff,
v.

ORDER OF REFERRAL FOR
SETTLEMENT WEEK AND SETTING
SETTLEMENT CONFERENCE

GRADTILLO, et al.,

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Defendants.

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/

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.

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§ 1983. The Court has determined this case will benefit from a settlement conference; therefore,

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this case will be referred to Magistrate Judge Carolyn K. Delaney for the Court’s Settlement

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Week Program to conduct a settlement conference June 11, 2013 at 9:30 a.m. at the U. S. District

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Court, 501 I Street, Sacramento, California 95814 in Courtroom #24. A separate order and writ

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of habeas corpus ad testificandum will issue concurrently with this order.

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

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1.

This case is set for a settlement conference before Magistrate Judge Carolyn K.

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Delaney on June 11, 2013, at 9:30 a.m. at the U. S. District Court, 501 I Street,

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Sacramento, California 95814 in Courtroom #24.
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2.

Defendants’ lead counsel and a person with full and unlimited authority to

negotiate and enter into a binding settlement on Defendants’ behalf shall attend in person.1
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Those in attendance must be prepared to discuss the claims, defenses, and

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damages. The failure of any counsel, party, or authorized person subject to this order to appear

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in person may result in the imposition of sanctions. In addition, the conference will not proceed

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and will be reset to another date.

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4.

Each party shall provide a confidential settlement conference statement to Sujean

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Park, 501 I Street, Suite 4-200, Sacramento, California 95814, or via e-mail at

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[e-mail], so they arrive no later than June 3, 2013 and file a Notice of

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Submission of Confidential Settlement Conference Statement (See Local Rule 270(d)).

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Settlement statements should not be filed with the Clerk of the court nor served on any

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other party. Settlement statements shall be clearly marked “confidential” with the date and time

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of the settlement conference indicated prominently thereon.

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The confidential settlement statement shall be no longer than five pages in length, typed
or neatly printed, and include the following:

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a.

A brief statement of the facts of the case.

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b.

A brief statement of the claims and defenses, i.e., statutory or other

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grounds upon which the claims are founded; a forthright evaluation of the

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The term “full authority to settle” means that the individuals attending the mediation
conference must be authorized to fully explore settlement options and to agree at that time to any
settlement terms acceptable to the parties. G. Heileman Brewing Co., Inc. v. Joseph Oat Corp.,
871 F.2d 648, 653 (7th Cir. 1989), cited with approval in Official Airline Guides, Inc. v. Goss, 6
F. 3d 1385, 1396 (9th Cir. 1993). The individual with full authority to settle must also have
“unfettered discretion and authority” to change the settlement position of the party, if appropriate.
Pittman v. Brinker Int’l., Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003), amended on recon. in
part, Pitman v. Brinker Int’l, Inc., 2003 WL 23353478 (D. Ariz. 2003). The purpose behind
requiring the attendance of a person with full settlement authority is that the parties’ view of the
case may be altered during the face to face conference. Pitman, 216 F.R.D. at 486. An
authorization to settle for a limited dollar amount or sum certain can be found not to comply with
the requirement of full authority to settle. Nick v. Morgan’s Foods, Inc., 270 F. 3d 590, 596-97
(8th Cir. 2001).
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parties’ likelihood of prevailing on the claims and defenses; and a

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description of the major issues in dispute.

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c.

A summary of the proceedings to date.

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d.

An estimate of the cost and time to be expended for further discovery,

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pretrial, and trial.

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e.

The relief sought.

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f.

The party’s position on settlement, including present demands and offers,

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and a history of past settlement discussions, offers, and demands.

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g.

A brief statement of each party’s expectations and goals for the settlement

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conference.
IT IS SO ORDERED.

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Dated:
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April 8, 2013
UNITED STATES MAGISTRATE JUDGE

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