Ackley v. Carroll et al

Filing 103

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 5/30/2012 vacating Jury Trial, setting Settlement Conference and Telephonic Status Conference; denying 92 Motion to continue trial and denying 93 Motion for discovery. (Settlement Conference set for 8/8/2012 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Telephonic Status Conference set for 8/27/2012 at 03:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONALD J. ACKLEY,

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CASE NO. 1:06-cv-00771-AWI-BAM PC

Plaintiff,

ORDER VACATING JURY TRIAL, SETTING
S E T T LE M E N T C O N F E R E N C E A N D
TELEPHONIC STATUS CONFERENCE

v.
D. CARROLL, et al.,

ORDER DENYING PLAINTIFF’S MOTION
TO CONTINUE TRIAL AND MOTION FOR
DISCOVERY (ECF Nos. 92, 93)

Defendants.

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Settlement Conference: August 8, 2012 at 9:30
a.m. in Courtroom 8 (BAM)

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Telephonic Status Conference: August 27, 2012
at 3:00 p.m in Courtroom 2 (AWI)

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Plaintiff Donald J. Ackley (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the

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complaint, filed June 19, 2006, against Defendant Wright for excessive force in violation of the

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Eighth Amendment, and Defendant Carroll for retaliation in violation of the First Amendment. On

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May 29, 2012, at 3:00 p.m. a telephonic trial confirmation hearing was held before the Honorable

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Anthony W. Ishii. During the hearing, Plaintiff’s motion for discovery was denied.

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The parties have indicated that this action may be amenable to settlement. A settlement

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conference shall be scheduled for August 8, 2012, at 9:30 a.m. before the undersigned. Unless

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otherwise permitted in advance by the Court, the attorney(s) who will try the case shall appear at the

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mandatory settlement conference with the person or persons having full authority to negotiate and

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settle the case, on any terms, at the conference.
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On or before July 23, 2012, the parties shall submit directly to the settlement conference

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judge’s chambers a confidential settlement conference statement. This statement should not be filed

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with the Clerk’s Office and should not be served on the other party. It should be mailed directly to

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chambers at the following address: Chambers of Magistrate Judge Barbara A. McAuliffe, 2500

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Tulare Street, Suite 1501, Fresno, California, 93721. Each statement shall be clearly marked

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“CONFIDENTIAL” with the date and time of the mandatory settlement conference indicated

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prominently. The parties are urged to request the return of their statements. If such request is not

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made, the Court will dispose of the statements.

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The Confidential Settlement Conference Statement shall include the following:

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A.

A brief statement of the facts of the case;

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B.

The relief sought; and

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C.

The party’s position on settlement, including realistic settlement expectations,

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present demands and offers, and a history of past settlement discussions, offers, and demands.

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Defendants shall include an estimate of the cost and time to be expended for further pretrial
and trial matters.

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Based upon the discussion at the hearing, IT IS HEREBY ORDERED that:

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1.

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The jury trial set for June 26, 2012, at 8:30 a.m. before the Honorable Anthony W.
Ishii is VACATED;

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2.

Plaintiff’s motion for discovery, filed May 8, 2012, is DENIED;

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3.

Plaintiff’s motion to continue trial, filed May 8, 2012, is DENIED as moot;

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4.

A settlement conference is set for August 8, 2012 at 9:30 a.m. before the

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undersigned;

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5.

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The parties shall submit confidential settlement statements as described in this order
on or before July 23, 2012;

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6.

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A telephonic status conference is set for August 27, 2012, at 3:00 p.m. before the
Honorable Anthony W. Ishii, and

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7.

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Counsel for Defendants is required to arrange for the participation of Plaintiff in the
telephonic status conference and to initiate the telephonic hearing at [phone].

IT IS SO ORDERED.
Dated:
10c20k

May 30, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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