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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CARLOS QUIROZ,

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CASE NO. 1:06-CV-01426-AWI-DLB PC
Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR SETTLEMENT CONFERENCE

v.
(DOC. 93)

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DOCTOR SHEN, et al.,

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Defendants.
/

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Plaintiff Carlos Quiroz (“Plaintiff”) was formerly in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). This action is proceeding against

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Defendants Shen and Attygalla for deliberate indifference in violation of the Eighth Amendment.

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Pending before the Court is Plaintiff’s motion requesting a settlement conference, filed January

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6, 2012. Defendants filed a response on January 12, 2012. The Court finds this matter suitable

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for resolution without hearing and oral argument.

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Plaintiff requests a settlement conference pursuant to Local Rule 271. Defendants

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contend that they will not settle for any monetary amount, and that judicial settlement will be

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futile. Under Local Rul 271, parties may ask the Court to refer the action to the Voluntary

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Dispute Resolution Program. L.R. 271(b)(4). However, such referral requires that all parties

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voluntarily agree. Id. As is evident by Defendants’ response, Defendants do not agree to any

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form of monetary settlement. Thus, such referral is futile.

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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

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