Garrison Johnson v. California Department of Correction and Rehabilitation et al

Filing 85

ORDER Setting Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 8/26/2014.(Settlement Conference set for 10/16/2014 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) (Fahrney, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GARRISON S. JOHNSON, 12 Plaintiff, 13 14 v. CDCR, et al., 15 Defendants. 16 Plaintiff Garrison S. Johnson is appearing pro se in this civil rights action pursuant to 42 17 18 ) Case No.: 1:10-cv-00582-AWI-SAB (PC) ) ) ) ORDER SETTING SETTLEMENT CONFERENCE ) ) ) ) ) ) U.S.C. § 1983. Plaintiff Garrison S. Johnson is appearing pro se in this civil rights action pursuant to 42 19 20 U.S.C. § 1983. The court has determined that this case would benefit from a settlement conference. 21 Therefore, this case will be referred to Magistrate Judge Kendall J. Newman to conduct a settlement 22 conference, at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #25 23 on October 16, 2014 at 9:00 a.m. 24 A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order. 25 In accordance with the above, IT IS HEREBY ORDERED that: 1. This case is set for a settlement conference before Magistrate Judge Kendall J. Newman on 26 October 16, 2014 at 9:00 a.m. at the U. S. District Court, 501 I Street, 27 28 /// 1 1 Sacramento, California 95814 in Courtroom #25. Plaintiff is to appear by video conference 2 from his present place of incarceration. 2. A representative with full and unlimited authority to negotiate and enter into a binding 3 settlement on the defendants’ behalf shall attend in person.1 4 3. Those in attendance must be prepared to discuss the claims, defenses and damages. The 5 6 failure of any counsel, party or authorized person subject to this order to appear in person 7 may result in the imposition of sanctions. In addition, the conference will not proceed and 8 will be reset to another date. 9 4. Judge Newman or another representative from the court will be contacting the parties either 10 by telephone or in person, approximately one week prior to the settlement conference, to 11 ascertain each party’s expectations of the settlement conference. 12 13 IT IS SO ORDERED. 14 Dated: August 26, 2014 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 1 22 23 24 25 26 27 28 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. 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?