Massie v. Amaya et al

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 06/27/14 ordering ( Settlement Conference set for 8/13/2014 at 10:00 AM in US District Court 2986 Bechelli Lane, Courtroom #304 before Magistrate Judge Craig M. Kellison.) Each party shall provid e a confidential settlement statement to Sujean Park, ADR Division, 501 I Street, Suite 4-200, Sacramento, CA 95814 or by email to so they arrive no later than 7/30/14 and file a notice of submission of confidential settlement statement (cc: ADR and CMK) (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT MASSIE, 12 Plaintiff, 13 14 No. 2:12-cv-0525 KJN P v. ORDER SETTING SETTLEMENT CONFERENCE ARIK AMAYA, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in this civil rights action pursuant 17 18 to 42 U.S.C. § 1983. The court has determined that this case would benefit from a settlement 19 conference; therefore, this case will be referred to Magistrate Judge Craig M. Kellison for a 20 settlement conference at the U. S. District Court, 2986 Bechelli Lane, Redding, California 96002 21 in Courtroom #304 on August 13, 2014, at 10:00 a.m. 22 A separate writ of habeas corpus ad testificandum will issue concurrently with this order. 23 In accordance with the above, IT IS HEREBY ORDERED that: 24 1. This case is set for a settlement conference before Magistrate Judge Craig M. 25 Kellison on August 13, 2014, at 10:00 a.m., at the U. S. District Court, 2986 26 Bechelli Lane, Redding, California 96002 in Courtroom #304. 27 28 //// 1 2. Plaintiff will appear at the settlement conference by video conference, from North Fork 1 2 Correctional Facility, as directed by separate order. 3. A representative with full and unlimited authority to negotiate and enter into a binding 3 4 settlement shall attend in person.1 5 4. Those in attendance must be prepared to discuss the claims, defenses and damages. 6 The failure of any counsel, party or authorized person subject to this order to appear in person 7 may result in the imposition of sanctions. In addition, the conference will not proceed and will be 8 reset to another date. 5. Each party shall provide a confidential settlement statement to Sujean Park, ADR 9 10 Division, 501 I Street, Suite 4-200, Sacramento, California 95814, or by email to 11 so they arrive no later than July 30, 2014 and file a Notice of 12 Submission of Confidential Settlement Statement (See L.R. 270(d)). Settlement statements should not be filed with the Clerk of the court nor served on any 13 14 other party. Settlement statements shall be clearly marked “confidential” with the date and time 15 of the settlement conference indicated prominently thereon. 16 //// 17 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 1 18 19 20 21 22 23 24 25 26 27 28 1 2 The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following: 3 a. A brief statement of the facts of the case. 4 b. A brief statement of the claims and defenses, i.e., statutory or other grounds 5 upon which the claims are founded; a forthright evaluation of the parties’ 6 likelihood of prevailing on the claims and defenses; and a description of the 7 major issues in dispute. 8 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 trial. 10 11 e. The relief sought. 12 f. The party’s position on settlement, including present demands and offers and a history of past settlement discussions, offers, and demands. 13 g. A brief statement of each party’s expectations and goals for the settlement 14 conference. 15 16 Dated: June 27, 2014 17 18 19 20 21 22 23 24 25 26 27 28 3

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