Grigsby v. Munguia, et al.

Filing 115

ORDER CONTINUING SETTLEMENT CONFERENCE signed by Magistrate Judge Stanley A. Boone on 4/25/2017. Settlement Conference RESET for 6/20/2017 at 10:15 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Jessen, A)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 JONATHAN GRIGSBY, 13 14 15 No. 2:14-cv-00789 GEB AC P Plaintiff, v. ORDER SETTING SETTLEMENT CONFERENCE M. MUNGUIA, et al., 16 Defendants. 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 19 action brought pursuant to 42 U.S.C. § 1983. On October 20, 2016, plaintiff filed a motion 20 requesting a settlement conference. Defendants filed a statement of non-opposition on March 8, 21 2017. On March 24, 2017, this case was referred to Magistrate Judge Stanley A. Boone to 22 conduct a settlement conference at the U. S. District Court, 2500 Tulare Street, Fresno, California 23 93721 in Courtroom #9 on May 25, 2017 at 11:00 a.m. 24 the settlement conference in this case will be continued from May 25, 2017 to June 20, 2017 at 25 10:15 a.m. The settlement conference will still occur at the U. S. District Court, 2500 Tulare 26 Street, Fresno, California 93721 in Courtroom #9. 27 28 Due to a conflict on the court’s calendar, A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order. 1 1 2 In accordance with the above, IT IS HEREBY ORDERED that: 3 1. The settlement conference in this case before Magistrate Judge Stanley A. Boone is 4 continued from May 25, 2017 to June 20, 2017 at 10:15 a.m. at the U. S. District 5 Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #9. 6 2. A representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendants’ behalf shall attend in person.1 7 8 3. Those in attendance must be prepared to discuss the claims, defenses and damages. 9 The failure of any counsel, party or authorized person subject to this order to appear in 10 person may result in the imposition of sanctions. In addition, the conference will not 11 proceed and will be reset to another date. 12 4. Each party shall provide a confidential settlement statement to the following email 13 address: Plaintiff shall mail his confidential settlement 14 statement to Sujean Park, ADR & Pro Bono Program Director, USDC CAED, 501 I 15 Street, Suite 4-200, Sacramento, California 95814. The envelope shall be marked 16 “Confidential Settlement Statement”. Settlement statements shall arrive no later than 17 June 13, 2017. Parties shall also file a Notice of Submission of Confidential 18 Settlement Conference Statement (See Local Rule 270(d)). 19 Settlement statements should not be filed with the Clerk of the Court nor served on 20 any other party. Settlement statements shall be clearly marked Aconfidential@ with 21 the date and time of the settlement conference indicated prominently thereon. 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 1 2 3 The confidential settlement statement shall be no longer than five pages in length, 4 typed or neatly printed, and include the following: 5 a. A brief statement of the facts of the case. 6 b. A brief statement of the claims and defenses, i.e., statutory or other grounds 7 upon which the claims are founded; a forthright evaluation of the parties= 8 likelihood of prevailing on the claims and defenses; and a description of the 9 major issues in dispute. 10 c. A summary of the proceedings to date. 11 d. An estimate of the cost and time to be expended for further discovery, pretrial, 12 and trial. 13 e. The relief sought. 14 f. The party=s position on settlement, including present demands and offers and a 15 history of past settlement discussions, offers, and demands. 16 g. A brief statement of each party=s expectations and goals for the settlement 17 conference. 18 19 20 21 IT IS SO ORDERED. Dated: April 25, 2017 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 3

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