Dillingham v. Garcia et al

Filing 56

ORDER Setting Settlement Conference, signed by Magistrate Judge Erica P. Grosjean on 7/10/2019. ( Settlement Conference set for 8/27/2019 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston) (Martin-Gill, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

JERRY DILLINGHAM,

11

Plaintiff,

12
13

Case No. 1:18-cv-00579-LJO-EPG (PC)

v.

ORDER SETTING SETTLEMENT
CONFERENCE

F. GARCIA,

14

Defendant.

15
16

Jerry Dillingham (“Plaintiff”) is a state prisoner proceeding pro se1 and in forma pauperis

17

with this civil rights action filed pursuant to 42 U.S.C. § 1983. The Court has determined that

18

this case will benefit from a settlement conference. Therefore, this case will be referred to

19

Magistrate Judge Jennifer L. Thurston to conduct a settlement conference at the U. S. District

20

Court, 510 19th Street, Bakersfield, California, 93301, on August 27, 2019, at 9:00 a.m. The

21

Court will issue the necessary transportation order in due course.

22

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

23

1. This case is set for a settlement conference before Magistrate Judge Jennifer L.

24

Thurston on August 27, 2019, at 9:00 a.m., at the U. S. District Court, 510 19th Street,

25

Bakersfield, California, 93301.

26

2. A representative with full and unlimited authority to negotiate and enter into a binding

27

1

28

Christian Pereira has been appointed as limited purpose counsel to assist Plaintiff with preparing for and
participating in a settlement conference. (ECF No. 51).

1

settlement shall attend in person.2

1
2

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

3

issue in this case. 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.

6

4. At least 21 days before the settlement conference, Plaintiff SHALL submit to

7

Defendant a written itemization of damages and a meaningful settlement demand,

8

which includes a brief explanation of why such a settlement is appropriate, not to

9

exceed ten pages in length. Thereafter, no later than 14 days before the settlement

10

conference, Defendant SHALL respond, in writing, with an acceptance of the offer or

11

with a meaningful counteroffer, which includes a brief explanation of why such a

12

settlement is appropriate. If settlement is achieved, defense counsel is to immediately

13

inform the courtroom deputy of Magistrate Judge Thurston.

14

5. If settlement is not achieved informally, each party shall provide a confidential

15

settlement statement to the following email address: [e-mail].

16

Settlement statements shall arrive no later than August 21, 2019. Parties shall also file

17

a Notice of Submission of Confidential Settlement Conference Statement (see L.R.

18

270(d)). Settlement statements should not be filed with the Clerk of Court nor

19

served on any other party. Settlement statements shall be clearly marked

20

“confidential” with the date and time of the settlement conference indicated

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 (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).
2

2

prominently thereon.

1
2

6. The confidential settlement statement shall be no longer than five pages in length,

3

typed or neatly printed, and include the following:

4

a. A brief statement of the facts of the case.

5

b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon

6

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

7

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

8

dispute.
c. A summary of the proceedings to date.

9

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

10

trial.

11
12

e. The relief sought.

13

f. The party’s position on settlement, including present demands and offers and a
history of past settlement discussions, offers, and demands.

14

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

15
16

conference, including how much the party is willing to accept and/or willing to

17

pay.

18

h. If the parties intend to discuss the joint settlement of any other actions or claims

19

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

20

including case number(s) if applicable.

21
22
23
24

IT IS SO ORDERED.
Dated:

July 10, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

25
26
27
28

3