Griffin v. Gonzales et al

Filing 78

ORDER setting Settlement Conference for 11/14/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney signed by Magistrate Judge Barbara A. McAuliffe on 10/2/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW JAMES GRIFFIN,

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Plaintiff,

Case No.: 1:11-cv-00210-DAD-BAM (PC)
ORDER SETTING SETTLEMENT
CONFERENCE

v.
Date: November 14, 2017
Time: 9:30 a.m.

CALDWELL,

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Defendant.

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Plaintiff Matthew James Griffin is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The court has determined that

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this case will benefit from a settlement conference. Therefore, this case will be referred to

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Magistrate Judge Carolyn K. Delaney to conduct a settlement conference at the U. S. District

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Court, 501 I Street, Sacramento, California 95814 in Courtroom #24 on November 14, 2017 at

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9:30 a.m.

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A separate order and writ of habeas corpus ad testificandum will issue concurrently with
this order.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. This case is set for a settlement conference before Magistrate Judge Carolyn K.

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Delaney on November 14, 2017 at 9:30 a.m. in Courtroom #24 at the U. S. District

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Court, 501 I Street, Sacramento, California 95814.
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2. Plaintiff is to appear at the settlement conference by video conference from his present

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place of confinement.

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3. Parties are instructed to have a principal with full settlement authority present at the

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Settlement Conference or to be fully authorized to settle the matter on any terms. The

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individual with full authority to settle must also have “unfettered discretion and

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authority” to change the settlement position of the party, if appropriate. The purpose

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behind requiring the attendance of a person with full settlement authority is that the

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parties’ view of the case may be altered during the face to face conference. An

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authorization to settle for a limited dollar amount or sum certain can be found not to
comply with the requirement of full authority to settle1.

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4. Parties are directed to submit confidential settlement statements no later than

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November 7, 2017. Plaintiff shall mail his confidential settlement statement Attn:

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Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200,

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Sacramento, California 95814 so it arrives no later than November 7, 2017. The

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envelope shall be marked “CONFIDENTIAL SETTLEMENT CONFERENCE

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STATEMENT.” Defendant shall send the statement to [e-mail].

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

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Statement” (See L.R. 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 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. Settlement statements should not be filed with the Clerk of the Court nor 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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6. The confidential settlement statement shall be no longer than five pages in length,
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
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 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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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 2, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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