Ackley v. Carroll et al

Filing 66

ORDER Regarding Settlement Negotiations, re: 62 and 63 , signed by Magistrate Judge Sandra M. Snyder on 09/27/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONALD J. ACKLEY,

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CASE NO. 1:06-cv-00771-AWI-SMS PC

Plaintiff,

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ORDER REGARDING
NEGOTIATIONS

SETTLEMENT

v.
(ECF Nos. 62, 63)

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D. CARROLL, et al.,

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Defendants.
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On September 1, 2011, an order issued requiring the parties to notify the Court if they were

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interested in settlement negotiations. On September 21, 2011, Defendants’ filed a response stating

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that settlement is not likely and they are not interested in settlement negotiations.

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The Federal Rules of Civil Procedure authorize settlement discussions at any pretrial

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conference. Fed.R.Civ.P. 16(c)(9). While federal courts have the authority to require the parties to

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engage in settlement conferences, they have no authority to coerce settlements. Goss Graphic

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Systems, Inc. v. DEV Industries, Inc., 267 F.3d 624, 627 (7th Cir. 2001.) Defendants have indicated

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to the Court that they are unwilling to participate in a settlement conference. No settlement

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conference will be scheduled until such time as both parties agree to participate in one. Accordingly,

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this action will not be referred for settlement discussions.

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IT IS SO ORDERED.
Dated:
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September 27, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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