Palacios v. Beard et al

Filing 29

ORDER Setting Settlement Conference on 6/9/2017 at 09:00 AM before Magistrate Judge Stanley A. Boone, signed by Magistrate Judge Michael J. Seng on 05/16/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO PALACIOS, 12 13 14 Plaintiff, v. 1:16-cv-00634-DAD-MJS (PC) ORDER SETTING SETTLEMENT CONFERENCE ON JUNE 9, 2017 JEFFREY BEARD, et al., Defendants. 15 16 17 Plaintiff Francisco Palacios is a state prisoner appearing pro se and in forma pauperis 18 in this civil rights action pursuant to 42 U.S.C. § 1983. The court has determined that this 19 case will benefit from a settlement conference. Therefore, this case will be referred to 20 Magistrate Judge Stanley A. Boone to conduct a settlement conference at the California 21 State Prison, Corcoran (CSP-COR), 4001 King Avenue, Corcoran, CA 93212 on June 9, 22 2017, at 8:30 a.m. The court will issue the necessary transportation order concurrently with 23 this order. 24 In accordance with the above, IT IS HEREBY ORDERED that: 25 1. This case is set for a settlement conference before Magistrate Judge Stanley A. 26 27 Boone on June 9, 2017, at CSP-COR. 2. A representative with full and unlimited authority to negotiate and enter into a 28 1 binding settlement shall attend in person.1 1 3. Those in attendance must be prepared to discuss the claims, defenses and 2 3 damages. The failure of any counsel, party or authorized person subject to this 4 order to appear in person may result in the imposition of sanctions. In addition, the 5 conference will not proceed and will be reset to another date. 4. Defendants shall provide a confidential settlement statement to the following email 6 7 address: Plaintiff shall mail his confidential 8 settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 9 93721, “Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be 10 marked “Confidential Settlement Statement”. Settlement statements shall arrive 11 no later than June 5, 2017. Parties shall also file a Notice of Submission of 12 Confidential Settlement Statement (See Local Rule 270(d)). Settlement 13 statements should not be filed with the Clerk of the Court nor served on any 14 other party. Settlement statements shall be clearly marked Aconfidential@ with the 15 date and time of the settlement conference indicated prominently thereon. 16 5. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following: 17 a. A brief statement of the facts of the case. 18 19 1 20 21 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. 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). 2 1 b. A brief statement of the claims and defenses, i.e., statutory or other grounds 2 upon which the claims are founded; a forthright evaluation of the parties= 3 likelihood of prevailing on the claims and defenses; and a description of the 4 major issues in dispute. c. An estimate of the cost and time to be expended for further discovery, 5 pretrial, and trial. 6 d. The party=s position on settlement, including present demands and offers 7 and a history of past settlement discussions, offers, and demands. 8 e. A brief statement of each party=s expectations and goals for the settlement 9 10 conference, including how much a party is willing to accept and/or willing to 11 pay. 12 13 IT IS SO ORDERED. 14 15 Dated: May 16, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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