Monclova-Chavez v. McEachern et al

Filing 120

ORDER DENYING 116 Plaintiff's Motion for Scheduling a Settlement Conference signed by Magistrate Judge Barbara A. McAuliffe on 5/30/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MAXIMILIAN MONCLOVA-CHAVEZ,

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CASE NO. 1:08-cv-00076-AWI-BAM

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR SCHEDULING A SETTLEMENT
CONFERENCE

v.
ERIC McEACHERN, et al.,

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(ECF No. 116)

Defendants.
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Plaintiff Maximilian Monclova-Chavez (“Plaintiff”) is a federal prisoner proceeding in this

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civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403

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U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal

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actors. This action is proceeding on the complaint, filed January 15, 2008, against Defendants

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Miller, White, and Tincher for violations of the Eighth Amendment.1 (ECF No. 1.) On May 30,

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2012, a telephonic hearing was held to determine if the parties to this action are amendable to

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settlement and whether a settlement conference should be scheduled.

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During the hearing, Defendants White and Miller indicated that they are not interested in

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pursuing settlement of this action and wish to proceed to trial.2 Accordingly, Plaintiff’s motion to

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schedule a settlement conference shall be denied. The parties are encouraged to engage in settlement

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On December 8, 2010, default was entered against Defendant McEachern. (ECF Nos. 71, 72.)

On April 3, 2012, all parties indicated that they were not interested in settlement. Counsel for Defendant
Tincher did not appear at the hearing on May 30, 2012, so the Court has no information that Defendant Tincher is
amenable to settlement at this time.

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discussions, and if the parties are agreeable to participating in a settlement conference, they shall so

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notify the Court. If the Court receives a stipulation that the parties are agreeable to settlement, a

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settlement conference will be scheduled.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for a settlement

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conference is DENIED, without prejudice, and the telephonic hearing set for June 18, 2012, at 1:30

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p.m. before the Honorable Anthony W. Ishii shall remain on calendar for the motion to bifurcate

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hearing.

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IT IS SO ORDERED.
Dated:
10c20k

May 30, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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