Gonzalez et al v. Gold Diggers Gentlemen's Club et al

Filing 10

ORDER Setting Settlement Conference: SETTLEMENT CONFERENCE set for June 10, 2014 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. signed by Magistrate Judge Barbara A. McAuliffe on 4/25/2014. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROCIO GONZALEZ et al.,

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Plaintiffs,

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v.
GOLD DIGGERS GENTLEMEN’S CLUB
et al.,

Case No. 1:13-cv-02039-LJO-BAM

ORDER SETTING SETTLEMENT
CONFERENCE

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Defendants.
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On April 24, 2014, parties filed a Joint Scheduling Report, which indicates that parties

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have agreed to participate in a settlement conference during settlement week. Pursuant to the

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parties’ request, a Settlement Conference will be set for June 10, 2014 at 10:00 AM in Courtroom

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10 (GSA) before Magistrate Judge Gary S. Austin.

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

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1. A Settlement Conference has been SET for June 10, 2014 at 10:00 AM in Courtroom

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10 (GSA) before Magistrate Judge Gary S. Austin.
2. 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

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comply with the requirement of full authority to settle.1
3. The parties are directed to submit their confidential settlement conference statements

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to the Court using the following email address: [e-mail]. If a

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party desires to share additional confidential information with the Court, they may do

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so pursuant to the provisions of Local Rule 270(d) and (e). Statements are due at least

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7 days prior to the Settlement Conference.

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IT IS SO ORDERED.
Dated:

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/s/ Barbara

April 25, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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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. 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).
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