McDonald v. Yates et al
Filing
120
ORDER Referring Case to Settlement Week Program and Setting Settlement Conference, signed by Magistrate Judge Sheila K. Oberto on 4/22/13. Settlement Conference set for 6/12/2013 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JIMMY MCDONALD,
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Plaintiff,
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CASE NO. 1:09-cv-00730-LJO-SKO PC
ORDER REFERRING CASE TO
SETTLEMENT WEEK PROGRAM AND
SETTING SETTLEMENT CONFERENCE
v.
J. A. YATES, et al.,
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Date:
Time:
Place:
Defendants.
June 12, 2013
11:00 a.m.
Courtroom 9 before the
Honorable Stanley A. Boone
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/
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Plaintiff Jimmy McDonald, a state prisoner proceeding pro se and in forma pauperis, filed
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this civil rights action pursuant to 42 U.S.C. § 1983 on April 24, 2009. This action for damages is
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proceeding against Defendants Cano, Clark, Rodriguez, and Roberts for acting with deliberate
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indifference to a substantial risk of harm to Plaintiff’s health and/or safety, in violation of the Eighth
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Amendment of the United States Constitution, and the case is currently set for trial on June 25, 2013.
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The Court has determined that it is appropriate to include this action in the Eastern District
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of California’s Settlement Week Program. This case is therefore set for a settlement conference
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before United States Magistrate Judge Stanley A. Boone on June 12, 2013, at 11:00 a.m. at the
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federal courthouse in Fresno, California.
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Accordingly, the Court HEREBY ORDERS as follows:
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1.
This case is referred to the Prisoner Settlement Program and set for a settlement
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conference on June 12, 2013, at 11:00 a.m. at the U. S. District Court, 2500 Tulare
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Street, Fresno, California, 93721, in courtroom #9.
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and enter into a binding settlement on Defendants’ behalf shall attend in person.1
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Defendants’ lead counsel and a person with full and unlimited authority to negotiate
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Those in attendance must be prepared to discuss the claims, defenses and relief
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sought. The failure of any counsel, party or authorized person subject to this order
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to appear in person may result in the imposition of sanctions. In addition, the
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conference will not proceed and will be reset to another date.
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4.
Each party shall (1) provide a confidential settlement conference statement, described
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below, to Sujean Park, 501 I Street, Suite 4-200, Sacramento, California, 95814, or
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via e-mail at spark@caed.uscourts.gov, to arrive no later than June 4, 2013, and
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(2) file a Notice of Submission of Confidential Settlement Conference Statement
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(See Local Rule 270(d)).
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Settlement statements should not be filed with the Clerk of the Court or served on
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any other party. Settlement statements shall be clearly marked “confidential” with
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the date and time of the settlement conference indicated prominently thereon.
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The confidential settlement statement shall be no longer than three 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, e.g., 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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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
by 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., No. CV02-1886PHX DGC, 2003 W L 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, 596-97 (8th Cir. 2001).
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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,
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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
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a history of past settlement discussions, offers, and demands.
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g.
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A brief statement of each party’s expectations and goals for the settlement
conference.
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IT IS SO ORDERED.
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Dated:
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April 22, 2013
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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