Garcia v. Masiel et al

Filing 101

ORDER Referring Case to the Prisoner ADR Program for a Settlement Conference on October 27, 2011, signed by Magistrate Judge Sandra M. Snyder on 09/27/2011. Pretrial Statement due by 12/1/2011; Settlement Conference set for 10/27/2011 at 01:00 PM before Magistrate Judge Craig M. Kellison. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ROBERT GARCIA, 11 12 13 Plaintiff, CASE NO. 1:07-cv-01750-AWI-SMS PC v. ORDER REFERRING CASE TO THE PRISONER ADR PROGRAM FOR A SETTLEMENT CONFERENCE ON OCTOBER 27, 2011 (ECF No. 96, 98) A. MASIEL, et al., 14 Defendants. 15 ORDER GRANTING MODIFICATION OF SCHEDULING ORDER 16 17 / Plaintiff Robert Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case has been selected for 19 the court’s Prisoner ADR Program and will be referred to Magistrate Judge Craig M. Kellison to 20 conduct a settlement conference at the U. S. District Court, 501 I Street, Sacramento, California 21 95814 in Courtroom #2 on October 27, 2011 at 1:00 p.m. 22 23 24 25 26 Defendants’ motion to modify the scheduling order shall be partially granted and the date for Defendants to file their pretrial statement shall be December 1, 2011. A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order. In accordance with the above, IT IS HEREBY ORDERED that: 1 1 1. This case is set for a settlement conference before Magistrate Judge Craig M. 2 Kellison on October 27, 2011, at 1:00 p.m. at the U. S. District Court, 501 I Street, Sacramento, 3 California 95814 in Courtroom #2. 4 5 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 6 3. Those in attendance must be prepared to discuss the claims, defenses and 7 damages. The failure of any counsel, party or authorized person subject to this order to appear 8 in person may result in the imposition of sanctions. In addition, the conference will not proceed 9 and will be reset to another date. 10 11 4. Defendant shall serve and file a pretrial statement on or before December 1, 2011. 12 13 14 15 IT IS SO ORDERED. Dated: icido3 September 27, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 1 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). 2

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