Griffin v. Gonzales et al

Filing 52

ORDER SETTING SETTLEMENT CONFERENCE, signed by Magistrate Judge Erica P. Grosjean on 10/3/17.( Settlement Conference set for 11/14/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney)(VIDEO CONFERENCE) (Martin-Gill, S)

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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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Case No. 1:15-cv-00577-AWI-EPG (PC)

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

GONZALES, et al.,

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Defendants.

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Matthew James Griffin (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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with this civil rights action filed 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 United States

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

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2017, at 9:30 a.m.

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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 United States

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District 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
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

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comply with the requirement of full authority to settle.1

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4. Defendants are directed to submit confidential settlement statement(s) no later than

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November 7, 2017, to [e-mail].

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confidential settlement statement to: Attn: Magistrate Judge Carolyn K. Delaney,

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USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814. Plaintiff’s

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settlement statement shall arrive no later than November 7, 2017. The envelope shall

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be marked “CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT.”

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

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Conference Statement” (See L.R. 270(d)). Settlement statements should not be filed

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with the Clerk of the Court nor served on any other party. Settlement statements

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shall be clearly marked “confidential” with the date and time of the settlement

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conference indicated prominently thereon.

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Plaintiff shall mail his

5. 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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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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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

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grounds upon which the claims are founded; a forthright evaluation of the party’s

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likelihood of prevailing on the claims and defenses; and a description of the major

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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,

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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

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and a history of past settlement discussions, offers, and demands.

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g.

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conference.

A brief statement of the party’s expectations and goals for the settlement

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IT IS SO ORDERED.
Dated:

October 3, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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