Ramirez v. Haffner et al

Filing 91

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/2017 SETTING this case for a Settlement Conference on 1/30/2018 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. The parties are DIRECTED to submit confidential settlement statements no later than 1/23/2018 in accordance with this order. (cc: CKD) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAUL ENRIQUE RAMIREZ,

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No. 2:14-cv-2079 GEB KJN P

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

GARY HAFFNER, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983. The court has determined that this case will benefit from a settlement conference.

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Therefore, this case will be referred to Magistrate Judge Carolyn K. Delaney to conduct a

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settlement conference at the U. S. District Court, 501 I Street, Sacramento, California 95814 in

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Courtroom #24 on January 30, 2018, at 9:30 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 Carolyn K.

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Delaney on January 30, 2018, at 9:30 a.m., in Courtroom #24 at the U.S. District Court, 501 I

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Street, Sacramento, California 95814.

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2. Parties are instructed to have a principal with full settlement authority present at the

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Settlement Conference or to be fully authorized to settle the matter on any terms. The individual

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with full authority to settle must also have “unfettered discretion and authority” to change the

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settlement position of the party, if appropriate. The purpose behind requiring the attendance of a

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person with full settlement authority is that the parties’ view of the case may be altered during the

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face to face conference. An authorization to settle for a limited dollar amount or sum certain can

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be found not to comply with the requirement of full authority to settle1.
3. Parties are directed to submit confidential settlement statements no later than January

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23, 2018 to [e-mail]. Plaintiff shall mail his confidential settlement

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statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200,

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Sacramento, California 95814 so it arrives no later than January 23, 2018. The envelope shall be

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marked “CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT.” Parties are also

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directed to file a “Notice of Submission of Confidential 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 any

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other party. Settlement statements shall be clearly marked “confidential” with the date and time

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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 (subject to getting approval from a supervisor). 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).
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The confidential settlement statement shall be no longer than five pages in length, 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
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

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conference.

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Dated: November 15, 2017

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/rami2079.med

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