Crossley v. Niazi et al

Filing 100

ORDER SETTING SETTLEMENT CONFERENCE signed by Magistrate Judge Carolyn K. Delaney on 4/10/2017. This case is set for a settlement conference on 8/8/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties shall exchange non-confidential settlement statements 7 days prior to the settlement conference. (cc: KJN, ADR)(Yin, K)

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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 LAMONT CROSSLEY, 12 13 14 15 No. 2:12-cv-2180 TLN CKD P Plaintiff, v. ORDER SETTING SETTLEMENT CONFERENCE ABE NIAZI, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding through counsel in this civil rights action pursuant 18 to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a settlement 19 conference. Therefore, this case will be referred to Magistrate Judge Kendall J. Newman to 20 conduct a settlement conference at the U.S. District Court, 501 I Street, Sacramento, California 21 95814 in Courtroom #25 on August 8, 2017 at 9:00 a.m. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. This case is set for a settlement conference before Magistrate Judge Kendall J. 24 Newman on August 8, 2017 at 9:00 a.m. at the U. S. District Court, 501 I Street, 25 Sacramento, California 95814 in Courtroom #25. 26 2. A representative with full and unlimited authority to negotiate and enter into a binding 27 28 1 settlement on the defendants’ behalf shall attend in person.1 1 3. Those in attendance must be prepared to discuss the claims, defenses and damages. 2 3 The failure of any counsel, party or authorized person subject to this order to appear in 4 person may result in the imposition of sanctions. In addition, the conference will not 5 proceed and will be reset to another date. 6 4. The parties are directed to exchange non-confidential settlement statements seven days 7 prior to the settlement conference. These statements shall simultaneously be delivered 8 to the court using the following email address: If a 9 party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local rule 270(d) and (e). 10 11 Dated: April 10, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 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 (9 th 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. Pitman 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

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