Quiroz v. California Department of Corrections and Rehabilitation, et al

Filing 100

ORDER DENYING 93 Plaintiff's Motion for Settlement Conference signed by Magistrate Judge Dennis L. Beck on 1/27/2012. (Jessen, A)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 CARLOS QUIROZ, 7 8 CASE NO. 1:06-CV-01426-AWI-DLB PC Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR SETTLEMENT CONFERENCE v. (DOC. 93) 9 DOCTOR SHEN, et al., 10 Defendants. / 11 12 Plaintiff Carlos Quiroz (“Plaintiff”) was formerly in the custody of the California 13 Department of Corrections and Rehabilitation (“CDCR”). This action is proceeding against 14 Defendants Shen and Attygalla for deliberate indifference in violation of the Eighth Amendment. 15 Pending before the Court is Plaintiff’s motion requesting a settlement conference, filed January 16 6, 2012. Defendants filed a response on January 12, 2012. The Court finds this matter suitable 17 for resolution without hearing and oral argument. 18 Plaintiff requests a settlement conference pursuant to Local Rule 271. Defendants 19 contend that they will not settle for any monetary amount, and that judicial settlement will be 20 futile. Under Local Rul 271, parties may ask the Court to refer the action to the Voluntary 21 Dispute Resolution Program. L.R. 271(b)(4). However, such referral requires that all parties 22 voluntarily agree. Id. As is evident by Defendants’ response, Defendants do not agree to any 23 form of monetary settlement. Thus, such referral is futile. 24 25 26 27 Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for settlement conference pursuant to Local Rule 271, filed January 6, 2012, is denied. IT IS SO ORDERED. Dated: 3b142a January 27, 2012 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 28 1

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