Herman D. Shead v. Vang et al

Filing 119

ORDER Setting Settlement Conference,signed by Magistrate Judge Sheila K. Oberto on 06/15/15. (Settlement Conference set for 2/22/2016 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HERMAN D. SHEAD,

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Plaintiff,

Case No. 1:09-cv-00006-AWI-SKO (PC)
ORDER SETTING SETTLEMENT
CONFERENCE

v.

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C/O VANG,

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Date: February 22, 2016
Time: 9:30 a.m.
Place: Courtroom 24 (CKD)

Defendant.
_____________________________________/

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Plaintiff Herman D. Shead (“Plaintiff”), a state prisoner proceeding pro se and in forma

17 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 5, 2009. This
18 action for damages is proceeding against Defendant Vang (“Defendant”) for excessive force, in
19 violation of the Eighth Amendment of the United States Constitution. Plaintiff’s motion to set
20 aside judgment and reopen the case was granted on August 13, 2015; and on August 17, 2015,
21 parties were ordered to notify the Court if either party believed a settlement conference would be
22 beneficial. (Doc. 112.) Both parties filed a response indicating they each believe a settlement
23 conference will be beneficial in this case. (Docs. 114, 118.) Therefore, this case will be referred
24 to Magistrate Judge Carolyn K. Delaney to conduct a settlement conference at the U. S. District
25 Court, 501 I Street, Sacramento, California, 95814, in Courtroom #24 on February 22, 2016, at
26 9:30 a.m. A separate order and writ of habeas corpus ad testificandum will be issued.
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In accordance with the above, IT IS HEREBY ORDERED that:

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A settlement conference is set for February 22, 2016, at 9:30 a.m. in Courtroom

3 #24 before Magistrate Judge Carolyn K. Delaney at the U. S. District Court, 501 I Street,
4 Sacramento, California, 95814.
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2.

Defendant is instructed to have a principal with full settlement authority present at

6 the Settlement Conference or to have full authority to settle the matter on any terms. The
7 individual with full authority to settle must also have “unfettered discretion and authority” to
8 change the settlement position of the party, if appropriate. The purpose behind requiring the
9 attendance of a person with full settlement authority is that the parties’ view of the case may be
10 altered during the face to face conference. An authorization to settle for a limited dollar amount or
11 sum certain can be found not to comply with the requirement of full authority to settle.1
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3.

Parties are directed to submit confidential settlement statements no later than

13 February 1, 2016, to [e-mail]. Plaintiff shall mail his confidential settlement
14 statement to U. S. District Court, ADR Division, 501 I Street, Suite 4-200, Sacramento, California,
15 95814, and ensure it is received no later than February 1, 2016. If a party desires to share
16 additional confidential information with the Court, he may do so pursuant to the provisions of
17 Local Rule 270(d) and (e).

Parties are also directed to file a “Notice of Submission of

18 Confidential Settlement Statement” (see Local Rule 270(d)).
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While the exercise of its authority is subject to abuse of discretion review, “the district court has the authority to

21 order parties, including the federal government, to participate in mandatory settlement conferences….” United States
v. United States District Court for the Northern Mariana Islands, 694 F.3d 1051, 1053, 1057, 1059 (9th Cir. 2012)

22 (“the district court has broad authority to compel participation in mandatory settlement conference[s].”). The term
Afull authority to settle@ means that the individuals attending the mediation conference must be authorized to fully

23 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 by Official Airline

24 Guides, Inc. v. Goss, 6 F. 3d 1385, 1396 (9th Cir. 1993). The individual with full authority to settle must also have
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Aunfettered 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., No.
CV02-1886PHX DGC, 2003 WL 23353478, at *3 (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, 59697 (8th Cir. 2001).

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4.

Settlement statements should not be filed with the Clerk of the Court or served on

2 the other party. Settlement statements shall be clearly marked “confidential” with the date and
3 time of the settlement conference indicated prominently thereon.
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The confidential settlement statement shall be no longer than five pages in length,

5 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 grounds

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upon which the claims are founded), a forthright evaluation of the parties’

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likelihood of prevailing on the claims and defenses, and a description of the

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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 pretrial proceedings

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and trial;

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e. The amount of restitution owed by the plaintiff;

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f. The relief sought;

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

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history of past settlement discussions, offers, and demands; and
h. A brief statement of the party’s expectations and goals for the settlement

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conference.

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IT IS SO ORDERED.

22 Dated:

September 15, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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