Kelley v. Herrera et al

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/07/17 ordering ( Settlement Conference set for 4/18/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Parties are required to file a signed Waiver of Disqualif ication, or notify the court that they do not wish to waive disqualification, no later than March 15, 2017. Parties are directed to submit confidential settlement statements no later than April 11, 2017 to ckdorders@caed.uscourts.gov. 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 April 11, 2017. The envelope shall be marked CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT. Parties are also directed to file a Notice of Submission of Confidential Settlement Statement (See L.R. 270(d)).. (Plummer, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TSHOMBE M. KELLEY, 11 12 13 No. 2:16-cv-1894 JAM CKD P Plaintiff, v. ORDER SETTING SETTLEMENT CONFERENCE A. HERRERA, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with an action for violation of civil rights 17 under 42 U.S.C. § 1983. The court has determined that this case will benefit from a settlement 18 conference. Therefore, this case will be set for a settlement conference before the undersigned to 19 occur at the U.S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #24 on 20 April 18, 2017 at 9:30 a.m. 21 Parties will be required to file a signed “Waiver of Disqualification” (attached below), no 22 later than March 15, 2017, if they wish the undersigned to conduct the settlement conference. If 23 the parties decline, the court will reassign the settlement conference, and may have to select 24 another date. 25 26 27 28 A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order. In accordance with the above, IT IS HEREBY ORDERED that: 1 1. This case is set for a settlement conference before the undersigned to occur on April 1 2 18, 2017, at 9:30 a.m. at the U. S. District Court, 501 I Street, Sacramento, California 3 95814 in Courtroom #24. 2. Parties are required to file a signed “Waiver of Disqualification,” or notify the court 4 that they do not wish to waive disqualification, no later than March 15, 2017. 5 3. Parties are instructed to have a principal with full settlement authority present at the 6 7 Settlement Conference or to be fully authorized to settle the matter on any terms. The 8 individual with full authority to settle must also have “unfettered discretion and 9 authority” to change the settlement position of the party, if appropriate. The purpose 10 behind requiring the attendance of a person with full settlement authority is that the 11 parties’ view of the case may be altered during the face to face conference. An 12 authorization to settle for a limited dollar amount or sum certain can be found not to 13 comply with the requirement of full authority to settle1. 4. Parties are directed to submit confidential settlement statements no later than April 11, 14 15 2017 to ckdorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement 16 statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, 17 Suite 4-200, Sacramento, California 95814 so it arrives no later than April 11, 2017. 18 The envelope shall be marked “CONFIDENTIAL SETTLEMENT CONFERENCE 19 STATEMENT.” If a party desires to share additional confidential information with 20 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). 1 21 22 23 24 25 26 27 28 2 1 the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). 2 Parties are also directed to file a “Notice of Submission of Confidential Settlement 3 Statement” (See L.R. 270(d)). 4 5 Settlement statements should not be filed with the Clerk of the Court nor served on 6 any other party. Settlement statements shall be clearly marked “confidential” with 7 the date and time of the settlement conference indicated prominently thereon. 8 9 10 The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following: 11 12 a. A brief statement of the facts of the case. 13 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 14 which the claims are founded; a forthright evaluation of the parties’ likelihood of 15 prevailing on the claims and defenses; and a description of the major issues in 16 dispute. 17 c. A summary of the proceedings to date. 18 d. An estimate of the cost and time to be expended for further discovery, pretrial, and 19 trial. 20 e. The relief sought. 21 f. The party’s position on settlement, including present demands and offers and a 22 23 24 25 history of past settlement discussions, offers, and demands. Dated: February 7, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 26 27 28 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR EASTERN DISTRICT OF CALIFORNIA 10 11 TSHOMBE M. KELLEY, 12 13 14 15 No. 2:16-cv-1894 JAM CKD P Plaintiff, v. WAIVER OF DISQUALIFICATION A. HERRERA, et al., Defendants. 16 17 Under Local Rule 270(b) of the Eastern District of California, the parties to the 18 herein action affirmatively request that Magistrate Judge Carolyn K. Delaney participate in the 19 settlement conference scheduled for April 18, 2017. To the extent the parties consent to trial of 20 the case before the assigned Magistrate Judge, they waive any claim of disqualification to the 21 assigned Magistrate Judge trying the case thereafter. 22 By: Plaintiff 23 24 Dated:_________________ 25 26 27 28 By: Attorney for Defendants Dated:_________________ 4

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