Anderson v. Virga et al

Filing 101

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/06/19 ORDERING ( Settlement Conference set for 4/2/2019 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Parties are directed to submit confidential settlement stat ements no later than March 26, 2019 to [e-mail]. Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814 so it arrives no later than March 26, 2019. The envelope shall be marked CONFIDENTIAL SETTLEMENTSTATEMENT. Parties are also directed to file a Notice of Submission of Confidential Settlement Statement (cc: CKD)(Plummer, M) Modified on 2/6/2019 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC ZACHARY ANDERSON,

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No. 2:15-cv-1148-KJM-EFB P

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

TIM VIRGA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in this action brought pursuant to

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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 Carolyn K. Delaney to

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conduct a settlement conference at the U. S. District Court, 501 I Street, Sacramento, California

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95814 in Courtroom #24 on April 2, 2019 at 9:30 a.m.

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Plaintiff shall have the option to appear at the settlement conference in person or by video

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conference. In the event video conferencing capabilities are unavailable, plaintiff may appear by

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telephone. Plaintiff will be required to return the attached form advising the court how he would

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like to appear at the settlement conference so that the court may issue the appropriate orders. A

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separate order and writ of habeas corpus ad testificandum will issue once it has been determined

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how plaintiff will appear.
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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 April 2, 2019 at 9:30 a.m. at the U. S. District Court, 501 I Street,

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Sacramento, California 95814 in Courtroom #24.

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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

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individual with full authority to settle must also have “unfettered discretion and

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authority” to change the settlement position of the party, if appropriate. The purpose

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behind requiring the attendance of a person with full settlement authority is that the

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parties’ view of the case may be altered during the face to face conference. An

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authorization to settle for a limited dollar amount or sum certain can be found not to

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comply with the requirement of full authority to settle1.

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3. Plaintiff shall have the choice to attend the settlement conference in person or by

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video. Within ten days after the filing date of this order, plaintiff shall return the

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attached form notifying the court whether he would like to attend the settlement

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conference in person or by video. If plaintiff chooses to appear by video and video

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conferencing is not available, he may appear by telephone. If plaintiff does not return

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the form telling the court how he would like to attend the conference, the court will

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issue orders for plaintiff to appear by video.

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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. 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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4. Parties are directed to submit confidential settlement statements no later than March

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26, 2019 to [e-mail]. Plaintiff shall mail his confidential

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settlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I

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Street, Suite 4-200, Sacramento, California 95814 so it arrives no later than March 26,

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2019. The envelope shall be marked “CONFIDENTIAL SETTLEMENT

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STATEMENT.” Parties are also directed to file a “Notice of Submission of

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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

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any other party. Settlement statements shall be clearly marked “confidential” with

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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.

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d. An estimate of the cost and time to be expended for further discovery, pretrial, and

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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

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history of past settlement discussions, offers, and demands.
g. A brief statement of each party’s expectations and goals for the settlement
conference, including how much a party is willing to accept and/or willing to pay.
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h. If the parties intend to discuss the joint settlement of any other actions or claims

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not in this suit, give a brief description of each action or claim as set forth above,

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including case number(s) if applicable.

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DATED: February 6, 2019.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC ZACHARY ANDERSON,

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Plaintiff,

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No. 2:15-cv-1148-KJM-EFB P

v.
TIM VIRGA, et al.,

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PLAINTIFF’S NOTICE ON TYPE OF
APPEARANCE AT SETTLEMENT
CONFERENCE

Defendants.

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Check one:

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Plaintiff would like to participate in the settlement conference in person.

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Plaintiff would like to participate in the settlement conference by video/telephone.

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Date

Eric Zachary Anderson
Plaintiff pro se

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