(PC) Wilkins v. Gipson ( 2022 )

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEENAN WILKINS, No. 2:19-cv-01469-DAD-CKD P 12 Plaintiff, 13 v. ORDER SETTING SETTLEMENT CONFERENCE 14 CONNIE GIPSON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. The court has determined that this case will benefit 19 from a settlement conference. Therefore, this case will be referred to Magistrate Judge Deborah 20 Barnes to conduct a settlement conference on November 16, 2022 at 10:00 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 In accordance with the above, IT IS HEREBY ORDERED that: 24 1. This case is set for a settlement conference before Magistrate Judge Deborah Barnes 25 on November 16, 2022 at 10:00 a.m. The settlement conference will be conducted by 26 remote means, 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 2 individual with full authority to settle must also have “unfettered discretion and 3 authority” to change the settlement position of the party, if appropriate. The purpose 4 behind requiring the attendance of a person with full settlement authority is that the 5 parties’ view of the case may be altered during the face to face conference. An 6 authorization to settle for a limited dollar amount or sum certain can be found not to 7 comply with the requirement of full authority to settle1. 8 3. Parties are directed to submit confidential settlement statements no later than 9 November 9, 2022 to dborders@caed.uscourts.gov. Plaintiff shall mail his 10 confidential settlement statement Attn: Magistrate Judge Deborah Barnes, USDC 11 CAED, 501 I Street, Suite 4-200, Sacramento, California 95814 so it arrives no later 12 than November 9, 2022. The envelope shall be marked “CONFIDENTIAL 13 SETTLEMENT STATEMENT.” Parties are also directed to file a “Notice of 14 Submission of Confidential Settlement Statement” (See L.R. 270(d)). Settlement 15 statements should not be filed with the Clerk of the Court nor served on any other 16 party. Settlement statements shall be clearly marked “confidential” with the date and 17 time of the settlement conference indicated prominently thereon. The confidential 18 settlement statement shall be no longer than five pages in length, typed or neatly 19 printed, and include the following: 20 21 22 1 23 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 24 conferences… .” Unittehd States v. United States District Court for the 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].”). The term “full authority to settle” means that the individuals attending the 25 mediation conference must be authorized to fully explore settlement options and to agree at that time to any 26 settlemthent terms acceptable to the parties. G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 tFh.2d 648, 653 (7 Cir. 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 must also have “unfettered discretion and authority” to change the 27 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 28 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 1 2 a. A brief statement of the facts of the case. 3 b. A brief statement of the claims and defenses, 1.e., statutory or other grounds upon 4 which the claims are founded; a forthright evaluation of the parties’ likelihood of 5 prevailing on the claims and defenses; and a description of the major issues in 6 dispute. 7 c. Asummary of the proceedings to date. 8 d. An estimate of the cost and time to be expended for further discovery, pretrial, and 9 trial. 10 e. The relief sought. 11 f. The party’s position on settlement, including present demands and offers and a 12 history of past settlement discussions, offers, and demands. 13 g. A brief statement of each party’s expectations and goals for the settlement 14 conference, including how much a party is willing to accept and/or willing to pay. 15 h. Ifthe parties intend to discuss the joint settlement of any other actions or claims 16 not in this suit, give a brief description of each action or claim as set forth above, 17 including case number(s) if applicable. 18 4. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office 19 at the California Health Care Facility via facsimile at (209) 467-2676 or via email. 20 5. This case is stayed and all pending deadlines are vacated until further order of the 21 court. The dispositive motions deadline will be reset if this case does not settle. 22 | Dated: October 17, 2022 / □□ I / dip Ze 23 CAROLYNK. DELANEY 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 12/wilk1469.ADR.docx 28