Barnett v. Norman, et al.

Filing 170

ORDER Requiring Parties to Notify Court Whether a Settlement Conference Would be Beneficial, signed by Magistrate Judge Gerald B. Cohn on 9/27/12. Response Due at Hearing Set on October 11, 2012. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TROAS V. BARNETT,

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Plaintiff,

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CASE NO. 1:05-cv-01022-GBC PC
ORDER REQUIRING PARTIES TO NOTIFY
COURT WHETHER A SETTLEMENT
CONFERENCE WOULD BE BENEFICIAL

v.
DAVID NORMAN, et al.,

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RESPONSE DUE AT HEARING SET ON
OCTOBER 11, 2012

Defendants.
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Plaintiff Troas V. Barnett is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. At this juncture, this action is proceeding on

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Plaintiff’s third amended complaint, filed October 30, 2008, against Defendants Martin Gamboa,

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Angel Duran, and Manuel Torres for excessive force in violation of the Eighth Amendment. Doc.

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48. This action is currently set for trial on January 15, 2013. Doc. 142.

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The Court is able to refer cases for mediation before a United States Magistrate Judge. A

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settlement conference will only be set if the parties are willing to make a meaningful attempt to

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resolve this action and are willing to compromise. Settlement conferences may be held by video

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conference or in person at the court. Plaintiff and Defendants shall notify the Court whether they

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believe, in good faith, that settlement in this case is a possibility and whether they are interested in

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having a settlement conference scheduled by the Court.1

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If the parties wish to have a settlement conference scheduled, Defendants’ counsel shall

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The parties may wish to discuss the issue by telephone in determining whether they believe settlement is

feasible.

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notify the Court whether there are security concerns that would prohibit scheduling a settlement

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conference. If security concerns exist, counsel shall notify the Court whether those concerns can be

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adequately addressed if Plaintiff is transferred for settlement only and then returned to prison for

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housing.

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Accordingly, Plaintiff and Defendants shall be prepared to present their response to this order

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by the time of the pre-trial hearing scheduled October 11, 2012. If a settlement conference is set by

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the Court, the Court will issue a separate order indicating each of the parties’ responsibilities

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regarding the settlement conference.

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IT IS SO ORDERED.

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Dated:
0jh02o

September 27, 2012
UNITED STATES MAGISTRATE JUDGE

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