Munson v. State of California

Filing 57

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/12 ordering ( Settlement Conference set for 4/10/2013 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows.)Each party shall provide a confidential settlement conference statement to Sujean Park, ADR Coordinatr so they arrive no later than 04/01/13.(cc: GGH) (Plummer, M) Modified on 12/19/2012 (Plummer, M).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH MUNSON,

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Plaintiff,

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ORDER SETTING SETTLEMENT
CONFERENCE BEFORE THE
HONORABLE GREGORY G. HOLLOWS

vs.
STATE OF CALIFORNIA,

Date:
Time:
Location:

Defendant.

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April 10, 2013
9:00 a.m.
Courtroom #9

/

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No. 2:09-cv-0478 JAM EFB P

Plaintiff is a former state prisoner proceeding through counsel in an action brought under

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the Americans with Disabilities Act and the Rehabilitation Act. This case shall be referred to

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United States Magistrate Judge Gregory G. Hollows to conduct a settlement conference.

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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 Gregory G.

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Hollows on April 10, 2013, at 9:00 a.m. at the U.S. District Court, 501 I Street, Sacramento,

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California 95814, in Courtroom No. 9.

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2. Defendant’s lead counsel and a person with full and unlimited authority to
negotiate and enter into a binding settlement on defendant’s 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 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
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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 person

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

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be reset to another date;

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4. Each party SHALL provide a confidential settlement conference statement to Sujean

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Park, ADR Coordinator, via email at [e-mail], so they arrive no later than

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April 1, 2013 and file a Notice of Submission of Confidential Settlement Conference Statement

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

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

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with the date and time of the settlement conference indicated prominently thereon. The

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confidential settlement statement shall be no longer than five pages in length, typed or neatly

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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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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. Pittman
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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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.
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A brief statement of each party’s expectations and goals for the settlement
conference.

DATED: December 19, 2012.

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