(PC) Zaiza v. Clark ( 2022 )

2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JOSE R. ZAIZA, 1:19-cv-01476-ADA-GSA-PC 13 Plaintiff, ORDER SCHEDULING SETTLEMENT CONFERENCE AND SETTING OUT 14 v. PROCEDURES 15 CLARK, et al., 16 Defendants. 17 18 Plaintiff is a state prisoner is proceeding pro se and in forma pauperis with this civil rights 19 action filed pursuant to 42 U.S.C. §1983. The Court has determined that this case will benefit 20 from a settlement conference. Therefore, this case will be referred to Magistrate Judge Erica P. 21 Grosjean to conduct a settlement conference on November 15, 2022 at 10:30 a.m. The settlement 22 conference will be conducted by remote means, with all parties appearing by Zoom video 23 conference. The Court will issue the necessary transportation order in due course. 24 In accordance with the above, IT IS HEREBY ORDERED that: 25 1. This case is referred to Magistrate Judge Erica P. Grosjean for a settlement conference 26 set for November 15, 2022 at 10:30 a.m. The settlement conference will be conducted 27 by remote means, with all parties appearing by Zoom video conference. 28 2. A representative with full and unlimited authority to negotiate and enter into a binding 2 settlement on the defendants’ behalf shall attend in person1. Unless otherwise 3 permitted in advance by the Court, the attorneys who will try the case shall appear at 4 the settlement conference. It is recommended that pertinent evidence to be offered at 5 trial, documents or otherwise, be brought to the settlement conference for presentation 6 to the settlement judge. Neither the settlement conference statements nor 7 communications during the settlement conference with the settlement judge can be 8 used by either party in the trial of this case. 9 3. Those in attendance must be prepared to discuss the claims, defenses and damages. 10 The failure of any counsel, party or authorized person subject to this order to appear in 11 person may result in the imposition of sanctions. In addition, the conference will not 12 proceed and will be reset to another date. Absent permission from the Court, in 13 addition to counsel who will try the case being present, the individual parties shall also 14 be present. In the case of corporate parties, associations or other entities, and 15 insurance carriers, a representative executive with authority to discuss, consider, 16 propose and agree, or disagree, to any settlement proposal or offer shall also be 17 present. A representative with unlimited authority shall either attend in person or be 18 available by phone throughout the conference. In other words, having settlement 19 authority “up to a certain amount” is not acceptable. IF ANY PARTY BELIEVES 20 THAT A SETTLEMENT CONFERENCE WOULD BE FUTILE, THEN THAT 21 22 1 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 23 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 24 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 25 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). 26 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. 27 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 28 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 PARTY SHALL CONTACT THE COURT NOT LATER THAN SEVENTY- 3 TWO HOURS PRECEDING THE SCHEDULED SETTLEMENT 4 CONFERENCE. 5 4. Parties are directed to submit confidential settlement statements no later than 6 November 8, 2022 to epgorders@caed.uscourts.gov. Plaintiff shall mail his 7 confidential settlement statement Attn: Magistrate Judge Erica P. Grosjean, USDC 8 CAED, 2500 Tulare Street, Room 1501, Fresno, California 93721, so it arrives no 9 later than November 8, 2022. The envelope shall be marked “CONFIDENTIAL 10 SETTLEMENT STATEMENT.” Parties are also directed to file a “Notice of 11 Submission of Confidential Settlement Statement” (See L.R. 270(d)). 12 13 Settlement statements should not be filed with the Clerk of the Court nor served on 14 any other party. Settlement statements shall be clearly marked “confidential” with 15 the date and time of the settlement conference indicated prominently thereon. 16 17 The confidential settlement statement shall be no longer than five pages in length, 18 typed or neatly printed, and include the following: 19 20 a. A brief statement of the facts of the case. 21 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 22 which the claims are founded; a forthright evaluation of the parties’ likelihood of 23 prevailing on the claims and defenses; and a description of the major issues in 24 dispute. 25 c. A summary of the proceedings to date. 26 d. An estimate of the cost and time to be expended for further discovery, pretrial, and 27 trial. 28 e. The relief sought. 2 f. The party’s position on settlement, including present demands and offers and a 3 history of past settlement discussions, offers, and demands. 4 g. If the parties intend to discuss the joint settlement of any other actions or claims 5 not in this suit, give a brief description of each action or claim as set forth above, 6 including case number(s) if applicable. 7 5. This case is stayed through November 15, 2022 to allow for parties to participate in 8 the settlement conference. 9 6. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office 10 at California State Prison, Solano via facsimile at (707) 454-3429 or via email. 11 IT IS SO ORDERED. 12 13 Dated: September 10, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28