Joseph v. Parciasepe, et al.

Filing 42

ORDER signed by Magistrate Judge Allison Claire on 6/24/2016 DENYING plaintiff's 41 request for the court to issue an offer of judgment and require mandatory settlement negotiations. Defendant shall notify the court within 14 days whether he believes a settlement conference would be beneficial at this time. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALONZO JAMES JOSEPH,

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No. 2:14-cv-0414 GEB AC P

Plaintiff,
v.

ORDER

T. PARCIASEPE, et al.,

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Defendants.

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Currently before the court is plaintiff’s motion in which he requests that the court issue an

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offer of judgment to defendant pursuant to Federal Rule of Civil Procedure 68 and order

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defendant to participate in settlement negotiations. ECF No. 41.

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Plaintiff is mistaken regarding the procedures set forth in Rule 68. Rule 68 allows a

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defendant to make an offer to the plaintiff outlining terms under which he will accept judgment.

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It also creates consequences for a plaintiff who does not accept an offer of judgment and, after

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continuing litigation, obtains a less favorable result than he was offered. Rule 68 does not

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provide for any involvement by the court in the offer process. Furthermore, while the parties are

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always encouraged to participate in settlement negotiations and to attempt early resolution of the

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case, Rule 68 does not create, nor is either party currently under, any obligation to discuss

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settlement.

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With respect to plaintiff’s request that the court require settlement negotiations, plaintiff’s

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dissatisfaction with defendant’s rejection of his offers of settlement is not an appropriate reason

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for the court to require a mandatory settlement conference and the court will not require one.

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However, defendant will be required to notify the court whether he believes a settlement

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conference would be productive at this time. If defendant is currently interested in participating

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in a settlement conference, one will be set.

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Finally, plaintiff indicates that he believes that counsel has not been communicating his

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offers to her client, but his only support for this allegation is his subjective belief that defendant

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should want to avoid trial given his history. ECF No. 41. There is no evidence to indicate that

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counsel is not carrying out her duties related to the communication of settlement offers, and even

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if there was such evidence, it would not be cause for plaintiff to contact defendant directly.

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Plaintiff’s contact in this case should be with defendant’s counsel and the court; he should not be

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directly contacting defendant regarding this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for the court to issue an offer of judgment and require mandatory

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settlement negotiations (ECF No. 41) is denied.
2. Defendant shall notify the court within fourteen days of service of this order whether

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he believes a settlement conference would be beneficial at this time.

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DATED: June 24, 2016

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