Lamon v. Adams et al

Filing 323

ORDER Setting Settlement Conference signed by Magistrate Judge Jennifer L. Thurston on 02/17/2016. Scheduling Conference set for 3/21/2016 at 01:00 PM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LOUIS LAMON,

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Plaintiff,

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ORDER SETTING SETTLEMENT
CONFERENCE

v.

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Case No.: 1:09-cv-00205-LJO-JLT (PC)

ADAMS, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. On August 4, 2015, parties participated in a

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settlement conference before Magistrate Judge Kendall J. Newman. The case did not settle.

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(Doc. 278.) On February 8, 2016, Plaintiff filed a document indicating a willingness to settle this

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action and to apply whatever settlement proceeds are paid to his restitution obligations. (Doc.

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319.) The Court ordered Defendants to respond indicating whether they believe a settlement

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conference would be fruitful. (Doc. 320.) On February 16, 2016, Defendants filed a notice

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stating they believe a settlement conference would be beneficial to resolving the action. (Doc.

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322.) Therefore, this case will be set for a settlement conference at Kern Valley State Prison

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(KVSP), 3000 West Cecil Avenue, Delano, California 93216 on March 21, 2016 at 1:00 p.m. The

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settlement conference will be conducted by Magistrate Judge Thurston. If any party prefers

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that the settlement conference be conducted by a judicial officer who is not normally

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assigned to this case, that party is directed to notify the Court immediately to allow sufficient

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time for the settlement conference to be reassigned to a different judge on a different day.

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In accordance with the above, the Court ORDERS:

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1. This case is set for a settlement conference on March 21, 2016 at 1:00 p.m. at Kern

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Valley State Prison (KVSP), 3000 West Cecil Avenue, Delano, California 93216

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before the undersigned.
2. A representative with full and unlimited authority to negotiate and enter into a binding

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settlement shall attend in person.1

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3. 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

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

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proceed and will be reset to another date.
4. No later than March 4, 2016, Plaintiff SHALL submit to Defendant, by mail, a

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written itemization of damages and a meaningful settlement demand, which includes a

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brief explanation of why such a settlement is appropriate, not to exceed ten pages in

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length. Thereafter, no later than March 11, 2016, Defendant SHALL respond, by

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telephone or in person, with an acceptance of the offer or with a meaningful

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counteroffer, which includes a brief explanation of why such a settlement is

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appropriate. If settlement is achieved, defense counsel is to immediately inform the

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Courtroom Deputy of Magistrate Judge Thurston.

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While the exercise of its authority is subject to abuse of discretion review, “the district court has the
authority to 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)(“the district court has broad authority to compel participation in mandatory
settlement conference[s].”). 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. Pitman 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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5. If settlement is not achieved informally, each party is directed to submit confidential

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settlement statements no later than March 14, 2016 to [e-mail].

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Plaintiff shall mail his confidential settlement statement to U. S. District Court, ADR

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Director, 501 I Street, Suite 4-200, Sacramento, California 95814 so it arrives no later

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than March 14, 2016. If a party desires to share additional confidential information

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with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and

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(e). Parties are also directed to file a “Notice of Submission of Confidential

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Settlement Statement” (See L.R. 270(d)).
Settlement statements should not be filed with the Clerk of the court nor served

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on any other party. Settlement statements shall be clearly marked “confidential”

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with the date and time of the settlement conference indicated prominently thereon.
The confidential settlement statement shall be no longer than five pages in length,

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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 upon

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which the claims are founded; a forthright evaluation of the parties’ likelihood of

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prevailing on the claims and defenses; and a description of the major issues in

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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, 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 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.

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6. The Clerk of the Court is DIRECTED to serve a copy of this order on the litigation
office at Kern Valley State Prison via facsimile at [phone].

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IT IS SO ORDERED.
Dated:

February 17, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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