(PC) Frazier v. Janam ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE L. FRAZIER, No. 2:20-cv-0978 DB P 12 Plaintiff, 13 v. ORDER SETTING SETTLEMENT CONFERENCE 14 JANAM, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. The court has determined that this case will benefit from a settlement conference. 19 Therefore, this case will be referred to Magistrate Judge Dennis M. Cota to conduct a settlement 20 conference on October 14, 2021 at 9:30 a.m. The settlement conference will be conducted by 21 remote means, with all parties appearing by Zoom video conference. The Court will issue the 22 necessary transportation order in due course. 23 Defendants also requested that the extend the discovery and dispositive motion deadlines 24 set forth in the June 21, 2021 Discovery and Scheduling Order (ECF No. 28). (ECF No. 30.) 25 Good cause appearing the court will grant the request. 26 //// 27 //// 28 //// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. This case is set for a settlement conference before Magistrate Judge Dennis M. Cota on 3 October 14, 2021 at 9:30 a.m. The settlement conference will be conducted by remote means, 4 with all parties appearing by Zoom video conference. 5 2. A representative with full and unlimited authority to negotiated and enter into a 6 binding settlement on the defendants’ behalf shall attend in person.1 7 3. Those in attendance must be prepared to discuss the claims, defenses and damages. 8 The failure of any counsel, party or authorized person subject to this order to appear in person 9 may result in the imposition of sanctions. In addition, the conference will not proceed and will be 10 reset to another date. 11 4. The parties are directed to submit confidential settlement statements no later than 12 October 7, 2021 to dmcorders@caed.uscourts.gov. Plaintiff shall mail his confidential statement 13 Attn: Magistrate Judge Dennis M. Cota, USDC CAED, 2986 Bechelli Lane, Suite 300, Redding, 14 California 96002 so it arrives no later than October 7, 2021. The envelope shall be marked 15 “CONFIDENTIAL SETTLEMENT STATEMENT.” Parties are also directed to file a “Notice of 16 Submission of Confidential Settlement Statement” (See E.D. Cal. Local Rule 270(d)). 17 //// 18 19 1While 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 20 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 21 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 22 authorized to fully explore settlement options and to agree at that time to any settlement terms 23 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 24 (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 25 Int’l., Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003), amended on recon. in part, Pitman v. Brinker 26 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 27 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 28 settle. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 596-97 (8th Cir. 2001). 1 5. If the case does not settle, the parties may conduct discovery and file any motion to 2 || compel until November 29, 2021. 3 6. The dispositive motion deadline is continued to January 14, 2021. 4 7. Inall other respects, the court’s June 21, 2021 Discovery and Scheduling Order 5 | Dated: August 55, Moo g ORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 | pip:12 4 DB/DB Prisoner Inbox/Civil Rights/R/fraz0978.med 15 16 17 18 19 20 21 22 23 24 25 26 27 28