(PC) Navarro v. Herndon et al, No. 2:2009cv01878 - Document 184 (E.D. Cal. 2016)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 04/06/16 ( Settlement Conference set for 6/24/2016 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Each party shall provide a confidential settlement statement to t he following email address: ckdorder@caed.uscourts.gov not later than 6/17/16. Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814 so i t arrives no later than 6/17/16. The deadline to file objections to the 3/25/16 findings and recommendations is vacated. If this case is not resolved at the settlement conference, the parties shall have 14 days following the settlement conference to file objections to the 3/25/16 findings and recommendations. (cc: CKD) (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 MARIO NAVARRO, 11 Plaintiff, 12 13 No. 2:09-cv-1878 KJM KJN P v. ORDER SETTING SETTLEMENT CONFERENCE DEBRA HERNDON, et al., 14 Defendants. 15 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 16 17 to 42 U.S.C. § 1983. The court has determined that this case will benefit from a settlement 18 conference. Therefore, this case will be referred to Magistrate Judge Carolyn K. Delaney to 19 conduct a settlement conference at the U. S. District Court, 501 I Street, Sacramento, California 20 95814 in Courtroom #24 on June 24, 2016 at 9:30 a.m. A separate order and writ of habeas corpus ad testificandum will issue concurrently with 21 22 this order. 23 In light of the upcoming settlement conference, the current deadline for filing objections 24 to the March 25, 2016 findings and recommendations will be vacated. In the event that this case 25 is not resolved at the settlement conference, the parties will have fourteen days following the 26 settlement conference to file objections to the March 25, 2016 findings and recommendations. 27 //// 28 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. A settlement conference has been set for June 24, 2016, at 9:30 a.m., in Courtroom 3 #24 before Magistrate Judge Carolyn K. Delaney at the U. S. District Court, 501 I 4 Street, Sacramento, California 95814. 2. Parties are instructed to have a principal with full settlement authority present at the 5 6 Settlement Conference or to be fully authorized to settle the matter on any terms. The 7 individual with full authority to settle must also have “unfettered discretion and 8 authority” to change the settlement position of the party, if appropriate. The purpose 9 behind requiring the attendance of a person with full settlement authority is that the 10 parties’ view of the case may be altered during the face to face conference. An 11 authorization to settle for a limited dollar amount or sum certain can be found not to 12 comply with the requirement of full authority to settle.1 13 3. Each party shall provide a confidential settlement statement to the following email 14 address: ckdorders@caed.uscourts.gov not later than June 17, 2016. Plaintiff shall 15 mail his confidential settlement statement Attn: Magistrate Judge Carolyn K. 16 Delaney, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814 so it 17 arrives no later than June 17, 2016. The envelope shall be marked “CONFIDENTIAL 18 19 20 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). 2 1 1 SETTLEMENT CONFERENCE STATEMENT.” If a party desires to share 2 additional confidential information with the Court, they may do so pursuant to the 3 provisions of Local Rule 270(d) and (e). Parties are also directed to file a “Notice of 4 Submission of Confidential Settlement Statement” (See L.R. 270(d)). 5 6 Settlement statements should not be filed with the Clerk of the Court nor served on 7 any other party. Settlement statements shall be clearly marked “confidential” with 8 the date and time of the settlement conference indicated prominently thereon. 9 10 The confidential settlement statement shall be no longer than five pages in length, 11 typed or neatly printed, and include the following: 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 trial. 19 20 e. The relief sought. 21 f. The party’s position on settlement, including present demands and offers and a history of past settlement discussions, offers, and demands. 22 g. A brief statement of each party’s expectations and goals for the settlement 23 conference. 24 25 //// 26 //// 27 //// 28 3 1 4. The deadline to file objections to the March 25, 2016 findings and recommendations is 2 vacated. If this case is not resolved at the settlement conference, the parties shall have 3 fourteen (14) days following the settlement conference to file objections to the March 4 25, 2016 findings and recommendations. 5 Dated: April 6, 2016 6 7 8 9 10 /nava1878.med 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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