Botello v. Hanlon et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 08/03/20 ORDERING ( Settlement Conference set for 11/17/2020 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The settlement conference will beconducted by remote mean s, to be determined at a later date and time. The parties are directed to exchange non-confidential settlement statements 7 daysprior to the settlement conference. These statements shall simultaneously be delivered to the court using the following em ail address: kjnorders@caed.uscourts.gov. The date and time of the settlement conference shall be prominently indicated on the settlement statement. The Clerk of the Court is directed to serve a copy of this order on the Litigation Officeat California State Prison, Corcoran, via facsimile at (559) 992-7372. (Plummer, M)(cc: KJN)(Copy served by fax on the Lit. Coordinator at CSP-Corcoran at 559-992-7372.) Modified on 8/3/2020 (Plummer, M).
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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VICTOR HUGO BOTELLO,
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No. 2:18-cv-0162-TLN-EFB P
Plaintiff,
v.
ORDER SETTING SETTLEMENT
CONFERENCE
S. HANLON, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding with counsel in this action brought pursuant to 42
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U.S.C. § 1983. On June 18, 2020, parties were ordered to submit confidential statements
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assessing whether this case would benefit from a settlement proceeding. ECF No. 42. After
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review of the statements, 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 Kendall J. Newman to
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conduct a settlement conference on November 17, 2020 at 9:00 a.m. The settlement conference
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will be conducted by remote means, to be determined at a later date and time. The court will
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issue the necessary writ in due course.
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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 Kendall J.
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Newman on November 17, 2020 at 9:00 a.m. The settlement conference will be
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conducted by remote means, to be determined at a later date and time.
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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
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3. Those in attendance must be prepared to discuss the claims, defenses and damages.
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The failure of any counsel, party or authorized person subject to this order to appear in
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person may result in the imposition of sanctions. In addition, the conference will not
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proceed and will be reset to another date.
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4. The parties are directed to exchange non-confidential settlement statements seven days
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prior to the settlement conference. These statements shall simultaneously be delivered
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to the court using the following email address: kjnorders@caed.uscourts.gov. The
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date and time of the settlement conference shall be prominently indicated on the
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settlement statement. If a party desires to share additional confidential information
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with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e).
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5. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office
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at California State Prison, Corcoran, via facsimile at (559) 992-7372.
DATED: August 3, 2020.
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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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