(PC) Thornberry v. Wiley ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL LEE THORNBERRY, Case No. 1:20-cv-00328-SKO 12 Plaintiff, 13 v. ORDER SCHEDULING SETTLEMENT CONFEFENCE 14 WILEY, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action brought pursuant to 42 U.S.C. § 1983. The Court determines that this case will benefit 19 from a settlement conference. Therefore, this case is referred to Magistrate Judge Erica P. 20 Grosjean to conduct a settlement conference. 21 Accordingly, the Court ORDERS: 22 1. A settlement conference is scheduled for February 3, 2022 at 10:30 a.m., before 23 Magistrate Judge Erica P. Grosjean. The conference shall be conducted via Zoom 24 videoconference and shall last up to three hours. 25 2. A representative with full and unlimited authority to negotiate and enter into a binding 26 settlement agreement shall attend the conference.1 27 1 “[T]he district court has the authority to order parties, including the federal government, to participate in mandatory settlement conferences. . .” United States v. U.S. Dist. Ct. for N. Mariana Islands, 694 F.3d 1051, 1053 (9th Cir. 28 2012). The term “full authority to settle” means that the individuals attending the conference must be authorized to 1 3. Those in attendance must be prepared to discuss the claims, defenses, and damages at 2 issue in the case. The failure of any counsel, party, or authorized person subject to this 3 order to appear may result in the imposition of sanctions. In addition, the conference 4 will not proceed and will be reset to another date. 5 4. Defendants shall provide a confidential settlement statement no later than January 27, 6 2022, to the following email address: epgorders@caed.uscourts.gov. Plaintiff shall 7 mail his confidential settlement statement, clearly captioned “Confidential Settlement 8 Conference Statement,” Attn: Magistrate Judge Erica P. Grosjean, United States 9 District Court, 2500 Tulare Street, Room 1501, Fresno, CA 93721, so that it arrives no 10 later than January 27, 2022. The statements shall be clearly marked “confidential” 11 with the date and time of the settlement conference indicated prominently thereon. 12 The parties shall also file a “Notice of Submission of Confidential Settlement 13 Conference Statement” with the Clerk of the Court. See Local Rule 270(d). The 14 settlement conference statements themselves should not be filed with the Clerk of 15 Court nor served on any other party. 16 5. The confidential settlement statement shall be no longer than five pages in length, 17 typed or neatly printed, and include the following: 18 a. A brief statement of the facts of the case. 19 b. A brief statement of the claims and defenses, i.e., the statutory or other grounds 20 upon which the claims are founded; a forthright evaluation of the parties’ 21 likelihood of prevailing on the claims and defenses; and a description of the major 22 issues in dispute. 23 c. An estimate of the cost and time to be expended for further discovery, pretrial 24 25 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 26 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. 27 Brinker Int’l., Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003). 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., 28 270 F.3d 590, 596-97 (8th Cir. 2001). 1 matters, and trial. 2 d. The party’s position on settlement, including present demands and offers and a 3 history of past settlement discussions, offers, and demands. 4 e. A brief statement of the party’s expectations and goals for the settlement 5 conference, including how much the party is willing to accept and/or willing to 6 pay. 7 f. If the parties intend to discuss the joint settlement of any other actions or claims 8 not in this suit, a brief description of each action or claim as set forth above, 9 including case number(s) if applicable. 10 6. The Clerk of Court is directed to serve a copy of this order on the Litigation Office of 11 Mule Creek State Prison. 12 13 IT IS SO ORDERED. 14 Dated: December 13, 2021 /s/ Sheila K. Oberto . 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28