(PC) Crane v. Rodriguez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD J. CRANE, No. 2:15-cv-0208 TLN KJN P 12 Plaintiff, 13 v. ORDER SETTING SETTLEMENT CONFERENCE 14 RODRIGUEZ, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding with court appointed limited purpose counsel, with 18 a civil rights action pursuant to 42 U.S.C. §1983. The court has determined that this case will 19 benefit from a settlement conference. Therefore, this case is referred to Magistrate Judge Allison 20 Claire to conduct a settlement conference on February 8, 2024, at 9:00 a.m. The settlement 21 conference will be conducted by remote means, with all parties appearing by Zoom video 22 conference. The Court will issue the necessary transportation order in due course. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. This case is set for a settlement conference before Magistrate Judge Allison Claire on 25 February 8, 2024, at 9:00 a.m. The settlement conference will be conducted by remote means, 26 with all parties appearing by Zoom video conference. 27 2. Parties are instructed to have a principal with full settlement authority present at the 28 Settlement Conference or to be fully authorized to settle the matter on any terms. The individual 1 with full authority to settle must also have “unfettered discretion and authority” to change the 2 settlement position of the party, if appropriate. The purpose behind requiring the attendance of a 3 person with full settlement authority is that the parties’ view of the case may be altered during the 4 face to face conference. An authorization to settle for a limited dollar amount or sum certain can 5 be found not to comply with the requirement of full authority to settle1. 6 3. Parties are directed to submit confidential settlement statements no later than February 7 1, 2024 to acorders@caed.uscourts.gov. Parties are also directed to file a “Notice of Submission 8 of Confidential Settlement Statement” (See L.R. 270(d)). 9 Settlement statements should not be filed with the Clerk of the Court nor served 10 on any other party. Settlement statements shall be clearly marked “confidential” with 11 the date and time of the settlement conference indicated prominently thereon. 12 The confidential settlement statement shall be no longer than five pages in length, 13 typed or neatly printed, and include the following: 14 a. A brief statement of the facts of the case. 15 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 16 which the claims are founded; a forthright evaluation of the parties’ likelihood of 17 18 1 19 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 20 mandatory settlement conferences….” United States v. United States District Court for the th 21 Northern Mariana Islands, 694 F.3d 1051, 1053, 1057, 1059 (9 Cir. 2012)(“the district court has broad authority to compel participation in mandatory settlement conference[s].”). 22 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 23 to any settlement terms acceptable to the parties. G. Heileman Brewing Co., Inc. v. Joseph th 24 Oat Corp., 871 F.2d 648, 653 (7 tC hir. 1989), cited with approval in Official Airline Guides, Inc. v. Goss, 6 F.3d 1385, 1396 (9 Cir. 1993). The individual with full authority to settle 25 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. 26 2003), amended on recon. in part, Pitman v. Brinker Int’l., Inc., 2003 WL 23353478 (D. Ariz. 27 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 28 conference. Pitman, 216 F.R.D. at 486. An authorization to settle for a limited dollar ] prevailing on the claims and defenses; and a description of the major issues in 2 dispute. 3 c. Asummary of the proceedings to date. 4 d. An estimate of the cost and time to be expended for further discovery, pretrial, and 5 trial. 6 e. The relief sought. 7 f. The party’s position on settlement, including present demands and offers and a 8 history of past settlement discussions, offers, and demands. 9 g. A brief statement of each party’s expectations and goals for the settlement 10 conference, including how much a party is willing to accept and/or willing to pay. 11 h. Ifthe parties intend to discuss the joint settlement of any other actions or claims 12 not in this suit, give a brief description of each action or claim as set forth above, 13 including case number(s) if applicable. 14 4. The Clerk of the Court is directed to serve a copy of this order via fax on the Litigation 15 || Office at RJ Donovan Correctional Facility at (619) 671-7566 or via email. 16 | Dated: October 6, 2023 Aectl Aharon 18 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 19 /cran0208.med 20 21 22 23 24 25 26 27 28