Parthemore v. Kissel, et al

Filing 54

ORDER signed by Magistrate Judge Allison Claire on 05/04/15 ordering ( Settlement Conference set for 6/2/2015 at 01:30 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The parties are directed to submit confidential settlement confer ence statements on or before 05/26/15 to the following email address: [e-mail]. Plaintiff shall mail his confidential settlement statement address to Magistrate Judge Dale A. Drozd, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California, 95814 so it arrives no later than 5/26/15. (See order for further details)(cc: DAD) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IRA DON PARTHEMORE,

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Plaintiff,

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No. 2:13-cv-00819 KJM AC P

v.

ORDER SETTING SETTLEMENT
CONFERENCE

B. KISSELL, 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 action filed

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pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a

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settlement conference. Therefore, this case will be referred to Magistrate Judge Dale A. Drozd

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for the Court’s Settlement Week program to conduct a settlement conference at the U. S. District

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Court, 501 I Street, Sacramento, California 95814 in Courtroom #27 on June 2, 2015, at 1:30 p.m.
A separate order and writ of habeas corpus ad testificandum will issue concurrently with

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this order.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. A settlement conference has been set for June 2, 2015, at 1:30 p.m. in Courtroom #27

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before Magistrate Judge Dale A. Drozd at the U. S. District Court, 501 I Street,

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Sacramento, California 95814.

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2. Each party is directed to have a principal capable of disposition at the Settlement

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Conference or to be fully authorized to settle the matter on any terms at the Settlement

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Conference.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. The parties are directed to submit confidential settlement conference statements on or

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before May 26, 2015, to the following email address: [e-mail].

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Plaintiff shall mail his confidential settlement statement addressed to Magistrate Judge

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Dale A. Drozd, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California

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95814 so it arrives no later than May 26, 2015. The envelope shall be marked

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“Confidential Settlement Statement.” Additionally, each party shall file a “Notice of

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Submission of Confidential Settlement Conference Statement.” (Rule 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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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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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.
DATED: May 4, 2015

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