Baker v. Perez et al

Filing 251

ORDER signed by Magistrate Judge Kendall J. Newman on 2/19/2015 SETTING this case for a Settlement Conference on 6/18/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd; plaintiff to appear by video conference. (cc: DAD, ADR) (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL BAKER,

12
13
14

No. 2:09-cv-2757 MCE KJN P

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

PEREZ, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

18

to 42 U.S.C. § 1983. The court has determined that this case would benefit from a settlement

19

conference and referred this case to Magistrate Judge Dale A. Drozd to conduct a settlement

20

conference. (ECF No. 247) The settlement conference will be set to occur at the U. S. District

21

Court, 501 I Street, Sacramento, California 95814 in Courtroom #27 on June 18, 2015, at 10:00

22

a.m. Plaintiff is to appear by video conference from his present place of confinement.

23
24

A separate order and writ of habeas corpus ad testificandum will issue concurrently with
this order.

25

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

26

1. This case is set for a settlement conference before Magistrate Judge Dale A. Drozd on

27

June 18, 2015, at 10:00 a.m., at the U. S. District Court, 501 I Street, Sacramento,

28

1

California 95814 in Courtroom #27.

1

2. Plaintiff is to appear at the settlement conference by video conference from his present

2

place of confinement.

3

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

4

settlement shall attend in person.1

5

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

6
7

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

8

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

9

proceed and will be reset to another date.

10

5. The parties are directed to submit confidential settlement conference statements on or

11

before June 11, 2015, to the following email address: [e-mail].

12

Plaintiff shall mail his settlement conference statement to Sujean Park, ADR and Pro

13

Bono Program Director, 501 I Street, Suite 4-200, Sacramento, California 95814 so it

14

arrives no later than June 11, 2015. Additionally, each party shall file a Notice of

15

Submission of Confidential Settlement Statement (See L.R. 270(d)). If a party desires

16

to share additional confidential information with the Court, they may do so pursuant to

17

the provisions of Local Rule 270(d) and (e). All parties are required to have principals

18

present at the settlement conference.

19

////

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. 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).
1

2

1

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

2

any other party. Settlement statements shall be clearly marked “confidential” with the

3

date and time of the settlement conference indicated prominently thereon.

4
5

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

6

typed or neatly printed, and include the following:

7

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

8

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

9

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

10

likelihood of prevailing on the claims and the defenses; and a description of the

11

major issues in dispute.

12

c. A summary of the proceedings to date.

13

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

14
15

e. The relief sought.

16

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

17

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

18

conference.

19
20
21

Dated: February 19, 2015

22
23
24
25
Bak2757.set

26
27
28

3