Thurston v. Younger

Filing 69

ORDER granting Defendant's Motion for Relief from Order requiring personal attendance at Settlement Conference 67 signed by Magistrate Judge Erica P. Grosjean on 3/1/2022. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDERSON P. THURSTON,

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Plaintiff,

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v.

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R. YOUNGER,

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Defendant.

Case No. 2:18-cv-00527-TLN-CKD (PC)
ORDER GRANTING DEFENDANT’S
MOTION FOR RELIEF FROM ORDER
REQUIRING PERSONAL ATTENDANCE AT
SETTLEMENT CONFERENCE
(ECF No. 67)

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A settlement conference is set for July 12, 2022, at 10:30 a.m., before the undersigned.

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(ECF No. 66). The order setting the conference requires the appearance of the individual parties

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(via Zoom). (Id. at 1).

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On February 22, 2022, Defendant filed a motion for relief from order requiring personal

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attendance at settlement conference. (ECF No. 67). “Good cause exists to excuse the Defendant

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from personally attending this conference because he will not have any settlement authority, a

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representative from the California Department of Corrections and Rehabilitation (CDCR) will be

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available at the conference, and because the Defendant’s statement of what occurred in

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connection with this action is already before the Court.” (Id. at 1). Moreover, “requiring

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Younger to attend will cause CDCR to relieve him from his usual duties during the conference

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while continuing to compensate him, and to hire a replacement while he is absent, resulting in

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additional expense to CDCR.” (Id. at 3). Accordingly, Defendant argues that he should be

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excused from attending the settlement conference. (Id. at 5).
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On February 22, 2022, Plaintiff filed his opposition. (ECF No. 68). “First, this case

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involves two very different versions of events regarding an inmate-on-inmate assault.” (Id. at 1).

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“As a result, questions posed by Judge Grosjean of both Younger and Thurston at the settlement

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conference may be instrumental in allowing Judge Grosjean to determine how to proceed with the

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settlement conference.” (Id.). “Second, the 42 U.S.C. § 1983 claim against Younger is an

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individual liability claim. There is no Monell claim in this case. As a result, Younger is

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technically personally responsible for the damages. Further, to the extent the CDCR is agreeing

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to cover any damages awarded on a gratuitous vicarious liability concession, the same would not

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hold true for any punitive damages award. As a result, Younger should be involved and

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personally participate in this lawsuit where he is the only named defendant.” (Id. at 2). “Third,

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the settlement conference will be conducted by Zoom. Younger can appear through a computer

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or his own cell phone at his place of employment. This is not a settlement conference that will

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require Younger to be absent from work for an extended period. There will be no need for him to

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travel to and from the settlement conference.” (Id.). “Fourth, good cause does not exist to excuse

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Younger from participating in the settlement conference. Judge Grosjean’s time spent in

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conducting the settlement conference is no less valuable than Younger’s time. He she [sic] be

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ordered to attend accordingly.” (Id.).

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The Court has the authority to require an individual defendant’s attendance at a settlement

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conference. Fed. R. Civ. P. 16(c)(1) (“If appropriate, the court may require that a party or its

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representative be present or reasonably available by other means to consider possible

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settlement.”). However, here, the Court finds that participation from Defendant is not necessary

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for an effective settlement conference at this time.

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Accordingly, IT IS ORDERED that Defendant is excused from the requirement that he

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attend the settlement conference.

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However, if the case does not settle at the July 12, 2022 conference, the Court may order a
further settlement conference and require Defendant to attend.

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IT IS SO ORDERED.
Dated:

March 1, 2022

/s/
UNITED STATES MAGISTRATE JUDGE

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