Carpenter v. Sullivan, et al.

Filing 133

ORDER SETTING Case For a Settlement Conference, signed by Magistrate Judge Gerald B. Cohn on 6/21/11: Settlement Conference set for 8/12/2011 at 10:00 AM before Magistrate Judge Jennifer L. Thurston at California State Prison, Los Angeles County, 44750 60th Street, West Lancaster, California 93536; The Clerk of the Court is DIRECTED to serve a copy of this order on the Litigation Office at California State Prison, Los Angeles County via facsimile at [phone]. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIE LEE CARPENTER,

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CASE NO. 1:07-cv-00114-AWI-GBC PC

Plaintiff,

ORDER SETTING CASE FOR A
SETTLEMENT CONFERENCE

v.

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W. J. SULLIVAN, et al.,
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Defendants.
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/
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Plaintiff Willie Lee Carpenter, a state prisoner proceeding pro se and in forma pauperis,
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filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 22, 2007. Magistrate Judge
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Jennifer L. Thurston will conduct a settlement conference at California State Prison, Los Angeles
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County (LAC) on August 12, 2011 at 10:00 a.m.
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Accordingly, IT IS HEREBY ORDERED that:
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1. This case is set for a settlement conference before Magistrate Judge Jennifer L.
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Thurston on August 12, 2011, at 10:00 a.m. at California State Prison, Los Angeles County,
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44750 60th Street, West Lancaster, California 93536.
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2. The parties are to provide confidential settlement conference statements to Sujean
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Park, ADR Program Director, 501 I Street, Suite 4-200, Sacramento, California 95814, or via e25
mail at [e-mail] so they arrive no later than August 1, 2011.
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3. 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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4. Those in attendance must be prepared to discuss the claims, defenses and damages.

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

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

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be reset to another date.

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5. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office
at California State Prison, Los Angeles County via facsimile at [phone].

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IT IS SO ORDERED.
Dated:
0jh02o

June 21, 2011
UNITED STATES MAGISTRATE JUDGE

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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 W L 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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