Morales v. Davey et al

Filing 27

ORDER Setting Settlement Conference,signed by Magistrate Judge Jennifer L. Thurston on 1/14/49. (Settlement Conference set for 3/19/2019 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER SETTING SETTLEMENT
CONFERENCE

Plaintiff,

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1:17-cv-01673-JLT (PC)

JOSE LORENZO MORALES,

v.

DATE: March 19, 2019
TIME: 9:00 a.m.

GAMBOA, et al.,

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Defendants.

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The parties responded to this Court’s order referring the case to the post-screening ADR

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project that they believed a settlement conference would be beneficial in this case. (Docs. 25,

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26.) Therefore, this case will set for a settlement conference before the undersigned at the U. S.

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District Court, 510 19th Street, Bakersfield, California 93301 in Courtroom #6 on March 19,

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2019, at 9:00 a.m. The Court will issue a separate transportation order in due course. Thus, the

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Court ORDERS:

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1. This case is set for a settlement conference on March 19, 2019, at 9:00 a.m., before

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Magistrate Judge Jennifer L. Thurston at the U. S. District Court, 510 19th Street,

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Bakersfield, California 93301, Courtroom #6.

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2. Defendants’ lead counsel and a person with full and unlimited authority to negotiate

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and enter into a binding settlement on defendants’ behalf shall attend in person.1

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

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

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person may result in the imposition of sanctions. In addition, the conference will not

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proceed and will be reset to another date.

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4. No later than January 30, 2019, Plaintiff SHALL submit to Defendants, by mail, a

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written itemization of damages and a meaningful settlement demand, which includes a

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brief explanation of why such a settlement is appropriate, not to exceed ten pages in

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length.

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5. No later than February 20, 2019, Defendants 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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Magistrate Judge Thurston.

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6. If settlement is not achieved informally, Defendants are directed to submit confidential

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settlement statements no later than March 10, 2019 to the following email address:

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[e-mail]. Plaintiff shall mail his confidential settlement statement

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to the court at the above address so it arrives no later than March 10, 2019. The

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envelope shall be marked “Confidential Settlement Statement.” Parties shall also file

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a “Notice of Submission of Confidential Settlement Statement.” (See Local Rule

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270(d).)

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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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Settlement statements should not be filed with the Clerk of the Court nor served on any

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other party. Settlement statements shall be clearly marked “confidential” with the date and time

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of the settlement conference indicated prominently thereon. The confidential settlement

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statement shall be no longer than five pages in length, typed or neatly printed, and include the

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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. An estimate of the cost and time to be expended for further discovery, pretrial, and

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trial.
d. 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.
e. A brief statement of each party’s expectations and goals for the settlement

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conference, including how much a party is willing to accept and/or willing to pay.

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f. 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) is applicable.

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IT IS SO ORDERED.
Dated:

January 14, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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