Quiroz v. California Department of Corrections and Rehabilitation, et al
ORDER DENYING 93 Plaintiff's Motion for Settlement Conference signed by Magistrate Judge Dennis L. Beck on 1/27/2012. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:06-CV-01426-AWI-DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR SETTLEMENT CONFERENCE
DOCTOR SHEN, et al.,
Plaintiff Carlos Quiroz (“Plaintiff”) was formerly in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”). This action is proceeding against
Defendants Shen and Attygalla for deliberate indifference in violation of the Eighth Amendment.
Pending before the Court is Plaintiff’s motion requesting a settlement conference, filed January
6, 2012. Defendants filed a response on January 12, 2012. The Court finds this matter suitable
for resolution without hearing and oral argument.
Plaintiff requests a settlement conference pursuant to Local Rule 271. Defendants
contend that they will not settle for any monetary amount, and that judicial settlement will be
futile. Under Local Rul 271, parties may ask the Court to refer the action to the Voluntary
Dispute Resolution Program. L.R. 271(b)(4). However, such referral requires that all parties
voluntarily agree. Id. As is evident by Defendants’ response, Defendants do not agree to any
form of monetary settlement. Thus, such referral is futile.
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.
January 27, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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