(PC) Curry v. Geddes

9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA TERRELL CURRY, Case No. 1:20-cv-00235-DAD-EPG (PC) 13 Plaintiff, 14 v. ORDER SETTING SETTLEMENT CONFERENCE J. GEDDES, 16 Defendant.

18 Terrell Curry (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a settlement conference. Therefore, this case will be referred to Magistrate Judge Dennis M. Cota to conduct a settlement conference on March 11, 2021, at 1:00 p.m. The settlement conference will be conducted by remote means, to be determined at a later date and time. The Court will issue the necessary writ in due course.

24 In accordance with the above, IT IS HEREBY ORDERED that: 25 1. This case is set for a settlement conference before Magistrate Judge Dennis M. Cota 26 on March 11, 2021, at 1:00 p.m. The settlement conference will be conducted by 27 remote means, to be determined at a later date and time.

28 2. A representative with full and unlimited authority to negotiate and enter into a binding 2 settlement on Defendant’s behalf shall attend the conference.1 3 3. Those in attendance must be prepared to discuss the claims, defenses, and damages at 4 issue in this case. The failure of any counsel, party, or authorized person subject to 5 this order to appear may result in the imposition of sanctions. In addition, the 6 conference will not proceed and will be reset to another date.

7 4. Parties are directed to submit confidential settlement statements no later than March 4, 8 2021, to [email protected]. Plaintiff shall mail his confidential 9 settlement statement Attn: Magistrate Judge Dennis M. Cota, USDC CAED, 2986 10 Bechelli Lane, Suite 300, Redding, California 96002 so it arrives no later than March 11 4, 2021. The envelope shall be marked “CONFIDENTIAL SETTLEMENT 12 STATEMENT.” Parties are also directed to file a “Notice of Submission of 13 Confidential Settlement Conference Statement” (see L.R. 270(d)). Settlement 14 statements should not be filed with the Clerk of Court nor served on any other 15 party. Settlement statements shall be clearly marked “confidential” with the date and 16 time of the settlement conference indicated prominently thereon.

17 5. The confidential settlement statement shall be no longer than five pages in length, 18 typed or neatly printed, and include the following: 19 a. A brief statement of the facts of the case.

20 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 21 which the claims are founded; a forthright evaluation of the parties’ likelihood of 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 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 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 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). 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. 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 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 prevailing on the claims and defenses; and a description of the major issues in 3 dispute.

4 c. A summary of the proceedings to date.

5 d. An estimate of the cost and time to be expended for further discovery, pretrial, and 6 trial.

7 e. The relief sought.

8 f. The party’s position on settlement, including present demands and offers and a 9 history of past settlement discussions, offers, and demands.

10 g. A brief statement of the party’s expectations and goals for the settlement 11 conference, including how much the party is willing to accept and/or willing to 12 pay.

13 h. Ifthe parties intend to discuss the joint settlement of any other actions or claims 14 not in this suit, a brief description of each action or claim as set forth above, 15 including case number(s) if applicable.

16 6. Judge Cota or another representative from the Court will be contacting the parties 17 either by telephone or in person, approximately two weeks prior to the settlement 18 conference, to ascertain each party’s expectations of the settlement conference.

19 7. The Clerk of Court is directed to serve a copy of this order on the Litigation Office at 20 California Correctional Institution, via facsimile at (661) 823-5023 or via email.

29 IT IS SO ORDERED.

23 | Dated: _ January 19, 2021 [Je hey 24 UNITED STATES MAGISTRATE JUDGE