Landes v. Skil Power Tools, et al
Filing
61
ORDER SETTING SETTLEMENT CONFERENCE signed by Chief Judge Morrison C. England, Jr. on 5/2/14 ORDERING that a Settlement Conference is SET for 6/10/2014 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WILLIAM LANDES,
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No. 2:12-cv-1252 MCE KJN
Plaintiff,
v.
SKIL POWER TOOLS, etc., et al.,
ORDER SETTING SETTLEMENT
CONFERENCE
Defendants.
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On April 21, 2014, a Minute Order was issued directing the parties to inform the Court’s
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ADR Division if they believe participation in a Settlement Conference during the Court’s
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Settlement Week event would be beneficial. ECF No. 60. Pursuant to the parties’ request, a
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Settlement Conference will be set for June 10, 2014 at 9:00 a.m. in Courtroom 26 (AC) before
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Magistrate Judge Allison Claire.
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In accordance with the above:
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1. A Settlement Conference has been SET for June 10, 2014 at 9:00 a.m. in Courtroom
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26 (AC) before Magistrate Judge Allison Claire.
2. Parties are instructed to have a principal with full settlement authority present at the
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Settlement Conference or to be fully authorized to settle the matter on any terms. The
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individual with full authority to settle must also have “unfettered discretion and
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authority” to change the settlement position of the party, if appropriate. The purpose
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behind requiring the attendance of a person with full settlement authority is that the
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parties’ view of the case may be altered during the face to face conference. An
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authorization to settle for a limited dollar amount or sum certain can be found not to
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comply with the requirement of full authority to settle.1
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3. The parties are directed to submit their confidential settlement conference statements
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to the Court using the following email address: acorders@caed.uscourts.gov. If a
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party desires to share additional confidential information with the Court, they may do
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so pursuant to the provisions of Local Rule 270(d) and (e). Statements are due at least
7 days prior to the Settlement Conference.
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IT IS SO ORDERED.
Dated: May 2, 2014
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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
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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