Harbor v. Cherniss et al
ORDER signed by Magistrate Judge Deborah Barnes on 09/08/17 ORDERING ( Settlement Conference set for 10/19/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.)(cc: KJN) (Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TRAVYON C. HARBOR,
No. 2:15-cv-0705 TLN DB P
ORDER SETTING SETTLEMENT
CHERNISS, et al.,
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983. The court has determined that this case would benefit from
a settlement conference. Therefore, this case will be referred to Magistrate Judge Kendall J.
Newman to conduct a settlement conference at the U. S. District Court, 501 I Street, Sacramento,
California 95814 in Courtroom #25 on October 19, 2017 at 9:00 a.m.
A separate order and writ of habeas corpus ad testificandum will issue concurrently with
In accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before Magistrate Judge Kendall J.
Newman on October 19, 2017 at 9:00 a.m. at the U. S. District Court, 501 I Street,
Sacramento, California 95814 in Courtroom #25.
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
3. Those in attendance must be prepared to discuss the claims, defenses and damages.
The failure of any counsel, party or authorized person subject to this order to appear in
person may result in the imposition of sanctions. In addition, the conference will not
proceed and will be reset to another date.
4. Judge Newman or another representative from the court will be contacting the parties
either by telephone or in person, approximately two weeks prior to the settlement
conference, to ascertain each party’s expectations of the settlement conference.
Dated: September 8, 2017
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).
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