Harrison v. Linde, et. al.

Filing 101

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/1/2015 SETTING a settlement conference before Magistrate Judge Jennifer L. Thurston on 5/22/2015 at 1:30 p.m. at Kern Valley State Prison; and the Clerk shall serve a copy of this order on the ligation office at KVSP via fax. (cc:JLT, ADR)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL F. HARRISON,

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No. 2:12-cv-2000 KJM CKD P

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

D. DeBOARD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. On March 31, 2015, the parties were ordered to

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submit confidential statements indicating whether parties believed this case would benefit from a

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settlement conference. (ECF No. 98.) After a review of parties’ statements, the Court has

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determined that this case will benefit from a settlement conference. Therefore, this case will be

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referred to Magistrate Judge Jennifer L. Thurston to conduct a settlement conference at Kern

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Valley State Prison (KVSP), 3000 West Cecil Avenue, Delano, California 93216 on May 22,

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2015 at 1:30 p.m.

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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 Jennifer L.

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Thurston on May 22, 2015 at 1:30 p.m. at Kern Valley State Prison (KVSP), 3000
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West Cecil Avenue, Delano, California 93216.

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

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settlement shall attend in person.1

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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

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

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proceed and will be reset to another date.

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4. Plaintiff SHALL immediately upon receipt of this order submit to defendant, by mail,

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a written itemization of damages and a meaningful settlement demand, which includes

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a brief explanation of why such a settlement is appropriate, not to exceed ten pages in

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length. Thereafter, no later than 10 days before the settlement conference, defendant

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SHALL respond, by telephone or in person, with an acceptance of the offer or with a

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meaningful counteroffer, which includes a brief explanation of why such a settlement

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is appropriate. If settlement is achieved, defense counsel is to immediately inform the

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courtroom deputy of Magistrate Judge Thurston.
5. If settlement is not achieved informally, each party shall provide a confidential

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settlement statement to Sujean Park, ADR Division, 501 I Street, Suite 4-200,

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Sacramento, California 95814, or by email to [e-mail] so they arrive

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no later than May 15, 2015 and file a “Notice of Submission of Confidential

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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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Settlement Statement” (See L.R. 270(d)).

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

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

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

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

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typed or neatly 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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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.
g. A brief statement of each party’s expectations and goals for the settlement
conference.
6. The Clerk of the court is directed to serve a copy of this order on the litigation office
at Kern Valley State Prison via facsimile at [phone].
Dated: May 1, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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