Ahmed v. Ringler et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 05/15/15 ordering ( Settlement Conference set for 6/2/2015 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) Parties are directed to submit confidential settlement statements to the court using the following email address: acorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement to arrive not less than 7 days prior to the settlement conference, addressed to Magistrate Judge Allison Claire, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814. (cc: AC) (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ABDIKIDAR AHMED,
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No. 2:13-cv-1050 MCE DAD P
Plaintiff,
v.
ORDER SETTING SETTLEMENT
CONFERENCE
S. RINGLER, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding pro se with a civil rights action seeking relief under
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42 U.S.C. § 1983. The court has determined that this case will benefit from a settlement
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conference. Therefore, this case will be referred to Magistrate Judge Allison Claire for the
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Court’s Settlement Week program to conduct a settlement conference at the U. S. District Court,
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501 I Street, Sacramento, California 95814 in Courtroom #26 on June 2, 2015 at 9:00 a.m.
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A separate order and writ of habeas corpus ad testificandum will issue concurrently with
this order.
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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 Allison Claire on
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June 2, 2015 at 9:00 a.m. at the U. S. District Court, 501 I Street, Sacramento,
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California 95814 in Courtroom #26.
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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.
4. Parties are directed to submit confidential settlement statements to the Court using the
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following email address: acorders@caed.uscourts.gov. Plaintiff shall mail his
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confidential settlement statement to arrive not less than seven days prior to the
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settlement conference, addressed to Magistrate Judge Allison Claire, USDC CAED
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501 I Street, Suite 4-200, Sacramento, CA 95814. The envelope shall be marked
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“Confidential Settlement Statement.” If a party desires to share additional confidential
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information with the Court, they may do so pursuant to the provisions of Local Rule
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270(d) and (e). Statements are due at least seven days prior to the settlement
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conference. Parties are also directed to file a “Notice of Submission of Confidential
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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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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 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.
d. An estimate of the cost and time to be expended for further discovery, pretrial, and
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
history of past settlement discussions, offers, and demands.
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g. A brief statement of each party’s expectations and goals for the settlement
conference.
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Dated: May 15, 2015
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