Lee v. Scribner et al

Filing 70

ORDER denying 69 Motion to Stay signed by Magistrate Judge Barbara A. McAuliffe on 1/26/2012. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BOBBY LEE,

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CASE NO. 1:05-cv-00802-BAM PC
Plaintiff,

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v.

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ORDER DENYING MOTION TO STAY

DR. WAGNER,

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(ECF No. 69)

Defendant.
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Plaintiff Bobby Lee (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s

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second amended complaint, filed June 1, 2009, against Defendant Wagner for deliberate indifference

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to medical needs in violation of the Eighth Amendment. On January 24, 2012, Plaintiff filed a

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motion to stay this action and refer the parties for settlement negotiations.

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The Federal Rules of Civil Procedure authorize settlement discussions at any pretrial

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conference. Fed.R.Civ.P. 16(c)(9). While federal courts have the authority to require the parties to

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engage in settlement conferences, they have no authority to coerce settlements. Goss Graphic

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Systems, Inc. v. DEV Industries, Inc., 267 F.3d 624, 627 (7th Cir. 2001.) Defendant has not

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indicated to the Court that he is willing to participate in a settlement conference. No settlement

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conference will be scheduled until such time as both parties agree to participate in one. Plaintiff is

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advised that this order does not preclude the parties from discussing settlement.
Accordingly, Plaintiff’s motion to stay this action and refer for settlement is DENIED.
IT IS SO ORDERED.
Dated:
10c20k

January 26, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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