Cuff v. Department of State Hospitals (DSH) - Stockton et al
Filing
52
ORDER signed by Magistrate Judge Deborah Barnes on 10/11/2018 SETTING a Settlement Conference for 1/29/2019 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Within 10 days, plaintiff shall return the attached form notifying the court how he would like to attend the settlement conference. The parties shall submit confidential settlement statements no later than 1/22/2019, in accordance with this order. (cc: CKD, ADR) (Yin, K)
1
2
3
4
5
6
7
8
9
UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
12
BYRON DEWAYNE CUFF,
13
No. 2:16-cv-1999 MCE DB P
Plaintiff,
14
v.
15
HARRIS, et al.,
16
ORDER SETTING SETTLEMENT
CONFERENCE
Defendants.
17
18
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under
19
42 U.S.C. §1983. The court has determined that this case will benefit from a settlement
20
conference. Therefore, this case will be referred to Magistrate Judge Carolyn K. Delaney to
21
conduct a settlement conference at the U. S. District Court, 501 I Street, Sacramento, California
22
95814 in Courtroom #24 on January 29, 2019 at 9:30 a.m.
23
Plaintiff shall have the option to appear at the settlement conference in person or by video
24
conference. In the event video conferencing capabilities are unavailable, plaintiff may appear by
25
telephone. Plaintiff will be required to return the attached form advising the court how he would
26
like to appear at the settlement conference so that the court may issue the appropriate orders. A
27
separate order and writ of habeas corpus ad testificandum will issue once it has been determined
28
how plaintiff will appear.
1
1
2
In accordance with the above, IT IS HEREBY ORDERED that:
3
1. This case is set for a settlement conference before Magistrate Judge Carolyn K.
4
Delaney on January 29, 2019 at 9:30 a.m. at the U. S. District Court, 501 I Street,
5
Sacramento, California 95814 in Courtroom #24.
6
2. Plaintiff shall have the choice to attend the settlement conference in person or by
7
video. Within ten days after the filing date of this order, plaintiff shall return the
8
attached form notifying the court whether he would like to attend the settlement
9
conference in person or by video. If plaintiff chooses to appear by video and video
10
conferencing is not available, he may appear by telephone. If plaintiff does not return
11
the form telling the court how he would like to attend the conference, the court will
12
issue orders for plaintiff to appear by video.
13
3. Parties are instructed to have a principal with full settlement authority present at the
14
Settlement Conference or to be fully authorized to settle the matter on any terms. The
15
individual with full authority to settle must also have “unfettered discretion and
16
authority” to change the settlement position of the party, if appropriate. The purpose
17
behind requiring the attendance of a person with full settlement authority is that the
18
parties’ view of the case may be altered during the face to face conference. An
19
authorization to settle for a limited dollar amount or sum certain can be found not to
20
comply with the requirement of full authority to settle1.
21
22
23
24
25
26
27
28
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
2
1
2
4. Parties are directed to submit confidential settlement statements no later than January
3
22, 2019 to ckdorders@caed.uscourts.gov. Plaintiff shall mail his confidential
4
settlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I
5
Street, Suite 4-200, Sacramento, California 95814 so it arrives no later than January
6
22, 2019. The envelope shall be marked “CONFIDENTIAL SETTLEMENT
7
CONFERENCE STATEMENT.” Parties are also directed to file a “Notice of
8
Submission of Confidential Settlement Statement” (See L.R. 270(d)).
9
10
Settlement statements should not be filed with the Clerk of the Court nor served on
11
any other party. Settlement statements shall be clearly marked “confidential” with
12
the date and time of the settlement conference indicated prominently thereon.
13
14
The confidential settlement statement shall be no longer than five pages in length,
15
typed or neatly printed, and include the following:
16
17
a. A brief statement of the facts of the case.
18
b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon
19
which the claims are founded; a forthright evaluation of the parties’ likelihood of
20
prevailing on the claims and defenses; and a description of the major issues in
21
dispute.
22
c. A summary of the proceedings to date.
23
d. An estimate of the cost and time to be expended for further discovery, pretrial, and
24
trial.
25
e. The relief sought.
26
f. The party’s position on settlement, including present demands and offers and a
27
28
history of past settlement discussions, offers, and demands.
////
3
1
2
3
4
g. A brief statement of each party’s expectations and goals for the settlement
conference.
Dated: October 11, 2018
5
6
7
8
9
10
11
12
13
14
15
DLB:9
DB/prisoner-civil rights/cuff1999.sett conf
16
17
18
19
20
21
22
23
24
25
26
27
28
4
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
BYRON DEWAYNE CUFF,
12
No. 2:16-cv-1999 MCE DB P
Plaintiff,
13
14
PLAINTIFF’S NOTICE ON TYPE OF
APPEARANCE AT SETTLEMENT
CONFERENCE
v.
HARRIS, et al.,
15
Defendants.
16
Check one:
17
18
Plaintiff would like to participate in the settlement conference in person.
19
20
Plaintiff would like to participate in the settlement conference by video/telephone.
21
22
23
24
25
26
Date
Byron Dewayne Cuff
Plaintiff pro se
27
28
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?