Aubert v. Elijah et al

Filing 85

ORDER DENYING 84 Motion for Settlement Conference signed by Magistrate Judge Gary S. Austin on 5/6/2013. (Jessen, A)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

ESS’N AUBERT,

8
9
10
11

Plaintiff,
vs.

1:07-cv-01629-LJO-GSA-PC
ORDER DENYING MOTION FOR
SETTLEMENT CONFERENCE
(Doc. 84.)

C/O KEVIN ELIJAH and C/O MARIO
GARCIA,
Defendants.

12
13

Ess’n Aubert is a state prisoner proceeding pro se with this civil rights action pursuant

14

to 42 U.S.C. §1983. This case is scheduled for jury trial on October 29, 2013 at 8:30 a.m. in

15

Courtroom 4, before the Honorable Lawrence J. O’Neill.

16

On May 3, 2013, Plaintiff filed a motion to schedule a settlement conference in this

17

action. (Doc. 84.) Plaintiff asserts that he has sent correspondence to Defendants to make

18

arrangements for a telephonic conference to discuss settlement.

19

The Court shall not require Defendants to attend a settlement conference at this stage of

20

the proceedings. On April 30, 2013, Defendants notified the Court that they are not interested

21

in a settlement conference in this case, and on May 2, 2013, the Court scheduled this case for

22

trial. (Docs. 82. 83.) Therefore, Plaintiff’s motion shall be denied.

23
24

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for a settlement
conference, filed on May 3, 2013, is DENIED.

25
26
27
28

IT IS SO ORDERED.

Dated:

1
DEAC_Signature-END:

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

2
3

May 6, 2013

6i0kij8d