Ricks v. Kamena et al

Filing 57

ORDER SETTING Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 11/16/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT K. RICKS,

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Plaintiff,

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Case No. 1:15-cv-00715-DAD-BAM (PC)

v.

ORDER SETTING SETTLEMENT
CONFERENCE

C. KAMENA,

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Defendant.

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Plaintiff Scott K. Ricks (“Plaintiff”) is a former state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case is currently set

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for a jury trial on July 9, 2019. The Court has determined that this case will benefit from a

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settlement conference. Therefore, this case will be referred to Magistrate Judge Jennifer L.

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Thurston to conduct a settlement conference at the U. S. District Court, 510 19th Street,

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Bakersfield, California 93301 on March 4, 2019 at 9:00 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 Jennifer L.

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Thurston on March 4, 2019 at 9:00 a.m. at the U. S. District Court, 510 19th Street,

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Bakersfield, California 93301.

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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. Those in attendance must be prepared to discuss the claims, defenses and damages.

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The failure or refusal of any counsel, party or authorized person subject to this order to

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appear in person may result in the cancellation of the conference and the imposition of

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sanctions.

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4. At least twenty-one (21) days before the settlement conference, Plaintiff SHALL

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submit to Defendant, by mail, a written itemization of damages and a meaningful

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settlement demand, which includes a brief explanation of why such a settlement is

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appropriate, not to exceed ten pages in length. Thereafter, no later than fourteen (14)

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days before the settlement conference, Defendant SHALL respond, by telephone or in

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person, with an acceptance of the offer or with a meaningful counteroffer, which

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includes a brief explanation of why such a settlement is appropriate. If settlement is

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achieved, defense counsel is to immediately inform the courtroom deputy of

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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 (9 th 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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Magistrate Judge Thurston.
5. If settlement is not achieved informally, each party shall provide a confidential

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settlement statement no later than February 25, 2019 to [e-mail].

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Plaintiff may mail his confidential settlement statement Attn: Magistrate Judge

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Jennifer L. Thurston, U.S. District Court, 510 19th Street, Suite 200, Bakersfield,

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California 93301 so it arrives no later than February 25, 2019. The envelope shall be

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marked “CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT.” Parties

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

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(See L.R. 270(d)).

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6. 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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7. The confidential settlement statement shall be no longer than five 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, i.e., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties’ likelihood of

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prevailing on the claims and defenses; and a description of the major issues in

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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

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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

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history of past settlement discussions, offers, and demands.
g. A brief statement of each party’s expectations and goals for the settlement
conference, including how much a party is willing to accept and/or willing to pay.
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h. If the parties intend to discuss the joint settlement of any other actions or claims

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not in this suit, give a brief description of each action or claim as set forth above,

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including case number(s), if applicable.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 16, 2018

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UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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