LaTourelle v. Barber et al
Filing
77
ORDER signed by Chief Judge Morrison C. England, Jr. on 5/13/2014 ORDERING 75 Settlement Conference set for 6/11/2014 at 01:00 PM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; Parties are instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms; The parties are directed to exchange non-confidential settlement statements 7 days prior to the settlement conference.(Reader, L)
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10
RUTH LaTOURELLE,
11
12
13
14
No. 2:10-CV-2667-MCE-CMK
Plaintiff,
vs.
TERRY BARBER, et al.,
ORDER SETTING SETTLEMENT
CONFERENCE
Defendants.
15
16
On April 21, 2014, a Minute Order was issued directing the parties to inform the court’s
17
ADR Division if they believe participation in a Settlement Conference during the court’s
18
Settlement Week event would be beneficial. Pursuant to the parties’ request, a Settlement
19
Conference will be set for June 11, 2014 at 1:00 p.m. in Courtroom 25 (KJN) before Magistrate
20
Judge Kendall J. Newman.
21
22
In accordance with the above, IT IS HEREBY ORDERED that:
23
1. A Settlement Conference has been SET before Magistrate Judge Kendall J. Newman
24
for June 11, 2014 at 1:00 p.m. at the U. S. District Court, 501 I Street, Sacramento,
25
California 95814 in Courtroom 25 (KJN).
26
27
28
2. Parties are instructed to have a principal with full settlement authority present at the
Settlement Conference or to be fully authorized to settle the matter on any terms. The
1
1
individual with full authority to settle must also have “unfettered discretion and
2
authority” to change the settlement position of the party, if appropriate. The purpose
3
behind requiring the attendance of a person with full settlement authority is that the
4
parties’ view of the case may be altered during the face to face conference. An
5
authorization to settle for a limited dollar amount or sum certain can be found not to
6
comply with the requirement of full authority to settle.1
7
3. The parties are directed to exchange non-confidential settlement statements seven days
8
prior to the settlement conference. These statements shall simultaneously be delivered
9
to the court using the following email address: kjnorders@caed.uscourts.gov. If a
10
party desires to share additional confidential information with the Court, they may do
11
so pursuant to the provisions of Local Rule 270(d) and (e).
IT IS SO ORDERED.
12
13
Dated: May 13, 2014
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
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).
2
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?