Dixon v. Oleachea, et al.

Filing 52

ORDER signed by Magistrate Judge Allison Claire on 4/18/19 ORDERING ( Settlement Conference set for 6/6/2019 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Plaintiff shall have the choice to attend the settlement confe rence in person or by video. Within ten (10) days after the filing date of this order, plaintiff shall return the attached form notifying the court whether he would like to attend the settlement conference in person or by video. Parties are directed to submit confidential settlement statements no later than May 30, 2019, to [e-mail]. Plaintiff shall mail his confidentialsettlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501I Street, Suite 4-200, Sacramento, California 95814, so it arrives no later than May 30, 2019. The envelope shall be marked CONFIDENTIAL SETTLEMENTSTATEMENT. Parties are also directed to file a Notice of Submission ofConfidential Settlement Statement. (cc: CKD) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL DIXON,

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No. 2:15-cv-2372 KJM AC P

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

D. OLEACHEA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights

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action filed pursuant to 42 U.S.C. §1983. The court has determined that this case will benefit

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from a settlement conference. Therefore, this case will be referred to United States Magistrate

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Judge Carolyn K. Delaney for the court’s Settlement Week program, to conduct a settlement

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

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Courtroom No. 24, on June 6, 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

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would like to appear at the settlement conference so that the court may issue the

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appropriate orders. A separate order and writ of habeas corpus ad testificandum will issue once
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it has been determined 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 United States Magistrate Judge

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Carolyn K. Delaney on June 6, 2019, at 9:30 a.m., at the United States District Court,

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501 I Street, Sacramento, California 95814, in Courtroom No. 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 (10) days after the filing date of this order, plaintiff shall

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

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settlement conference in person or by video. If plaintiff chooses 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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and video conferencing is not available, he may appear by telephone. If plaintiff does

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not return the form telling the court how he would like to attend the conference, the

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court will issue orders for plaintiff to appear by video.

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

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May 30, 2019, to [e-mail]. Plaintiff shall mail his confidential

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

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I Street, Suite 4-200, Sacramento, California 95814, so it arrives no later than May 30,

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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.
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.
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.
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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IT IS SO ORDERED.
DATED: April 18, 2019

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL DIXON,

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Plaintiff,

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No. 2:15-cv-2372 KJM AC P

v.
D. OLEACHEA, 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

Nathaniel Dixon
Plaintiff pro se

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