Chappell v. Pliler, et al
Filing
113
ORDER signed by Magistrate Judge Deborah Barnes on 10/13/17: Settlement Conference set for 1/18/2018 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
REX CHAPPELL,
No. 2:04-cv-1183 TLN DB P
12
Plaintiff,
13
v.
ORDER SETTING
SETTLEMENT CONFERENCE
14
C.K. PLILER, et al.,
15
Defendants.
16
17
Plaintiff is a former state prisoner proceeding through counsel in an action brought under
18
19
42 U.S.C. § 1983. The court has determined that this case will benefit from a settlement
20
conference. Therefore, this case will be referred to Magistrate Judge Allison Claire to conduct a
21
settlement conference at the U.S. District Court, 501 I Street, Sacramento, California 95814 in
22
Courtroom #26 on January 18, 2018 at 9:00 a.m.
In accordance with the above, IT IS HEREBY ORDERED that:
23
1. This case is set for a settlement conference before Magistrate Judge Allison
24
25
Claire on January 18, 2018 at 9:00 a.m. at the U.S. District Court, 501 I Street,
26
Sacramento, California 95814 in Courtroom #26.
27
////
28
////
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
2. A representative with full and unlimited authority to negotiate and enter into a
binding settlement on defendants’ behalf shall attend in person.1
3. Those in attendance must be prepared to discuss the claims, defenses and
damages. The failure of any counsel, party or authorized person subject to this order to appear in
person may result in the imposition of sanctions. In addition, the conference will not proceed and
will be reset to another date.
4. Each party shall provide a confidential settlement conference statement to the
Court using the following email address: acorders@caed.uscourts.gov. Statements are due at
least 7 days prior to the settlement conference.
Settlement statements should not be filed with the Clerk of the Court nor served
on any other party. Settlement statements shall be clearly marked “confidential” with the date
and time of the settlement conference indicated prominently thereon.
The confidential settlement statement shall be no longer than five pages in length,
typed or neatly printed, and include the following:
a. A brief statement of the facts of the case.
b. A brief statement of the claims and defenses, i.e., statutory or other
grounds upon which the claims are founded; a forthright evaluation of
18
19
20
21
22
23
24
25
26
27
28
1While 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
the parties’ likelihood of prevailing on the claims and defenses; and a
2
3
4
description of the major issues in dispute.
c. A summary of the proceedings to date.
d. An estimate of the cost and time to be expended for further discovery,
5
6
7
pretrial, and trial.
e. The relief sought.
f. The party’s position on settlement, including present demands and
8
9
offers and a history of past settlement discussions, offers, and demands.
g. A brief statement of each party’s expectations and goals for the
10
settlement conference.
11
12
Dated: October 13, 2017
13
14
15
16
17
18
19
20
21
22
SP/DLB:9
DB/orders.prisoner-civil rights/chap1183.sett conf
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?