Gamez v. Gonzalez, et al.

Filing 222

ORDER Rescheduling Settlement Conference From February 17, 2016 At 10:00 A.M. Before Magistrate Judge Erica P. Grosjean To February 18, 2016 At 10:00 A.M. Before Magistrate Judge Jennifer L. Thurston (Doc. 216 ), signed by Magistrate Judge Erica P. Grosjean on 1/27/2016.( Filing Deadline: 2/10/2016., Motions filed by 3/2/2016., Settlement Conference set for 2/18/2016 at 10:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston.) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SERGIO ALEJANDRO GAMEZ,

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Plaintiff,
vs.
F. GONZALEZ, et al.,
Defendants.

1:08-cv-01113-EPG-PC
ORDER RESCHEDULING SETTLEMENT
CONFERENCE FROM FEBRUARY 17,
2016 AT 10:00 A.M. BEFORE
MAGISTRATE JUDGE ERICA P.
GROSJEAN TO FEBRUARY 18, 2016 AT
10:00 A.M. BEFORE MAGISTRATE
JUDGE JENNIFER L. THURSTON

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NEW DATE FOR SETTLEMENT
CONFERENCE, BEFORE MAGISTRATE
JUDGE JENNIFER L. THURSTON

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Settlement Conference:
February 18, 2016, at 10:00 a.m.
Courtroom 6 (JLT)

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Confidential Settlement Conference
Statements due:
February 10, 2016

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Deadline to File Motions for
Summary Judgment:
March 2, 2016

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PLEASE TAKE NOTICE

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On December 10, 2015, the Court issued an order scheduling a Settlement Conference

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in this case for February 17, 2016 at 10:00 a.m. in Courtroom 10 before Magistrate Judge Erica

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P. Grosjean. (ECF No. 211.)

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Given that the parties had voluntarily consented to have Magistrate Judge Grosjean

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conduct the trial for this case, the Court issued an order on November 25, 2015, requiring the

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parties to complete and submit the Court’s form for “Waiver of Disqualification of Magistrate
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Judge” within thirty days, if they choose to have Judge Grosjean preside over both the

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Settlement Conference and the trial. (ECF No. 206.) The Court sent Waiver forms to the

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parties for completion and return to the Court. (Id.) On December 8, 2015, Plaintiff filed his

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Waiver. (ECF No. 209.) Defendants did not file a Waiver before the thirty-day deadline

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expired.

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On January 19, 2016, the Court issued an order for Defendants to file a Waiver by

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January 22, 2016, or the Settlement Conference would be vacated from the Court’s calendar

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without further notice. (ECF No. 215.) The January 22, 2016 deadline has now expired, and

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Defendants have not filed a Waiver.

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Therefore, the Settlement Conference for this case is now rescheduled from February

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17, 2016 at 10:00 a.m. before Magistrate Judge Erica P. Grosjean to February 18, 2016 at

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10:00 a.m. before Magistrate Judge Jennifer L. Thurston. The deadline of February 10,

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2016 for the parties to submit confidential settlement conference statements to the Court

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remains the same.1 The deadline of March 2, 2016 for the filing of motions for summary

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judgment remains the same. All other provisions of the November 25, 2015 order remain the

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same. The parties are advised to review the November 25, 2015 order for the information and

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deadlines that have not changed. The Court shall issue a new Writ of habeas corpus ad

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testificandum to transport Plaintiff to the Court for the February 18, 2016 Settlement

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Conference.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

The Settlement Conference for this case is rescheduled from February 17, 2016

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at 10:00 a.m. before Magistrate Judge Erica P. Grosjean to February 18, 2016

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at 10:00 a.m. before Magistrate Judge Jennifer L. Thurston, at the United

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The Court has received Plaintiff’s confidential settlement conference statement, which the
Court will provide to Magistrate Judge Thurston. However, to date Plaintiff has not filed the Notice of
Submission of Confidential Settlement Conference Statement required under Local Rule 270(d).
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States District Court, 2500 Tulare Street, Fresno, California, in Courtroom 6

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(Seventh Floor);

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The February 10, 2016 deadline for the parties to submit brief confidential

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settlement conference statements,2 as instructed by the Court’s order of

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November 25, 2015, remains the same.

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settlement conference statements after the date of service of this order, they shall

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submit their settlement conference statements to The Chambers of Magistrate

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Judge Jennifer L. Thurston, 2500 Tulare St., Rm. 1501, Fresno, California

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93721, or via e-mail at [e-mail], to arrive no later than

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February 10, 2016, and concurrently file a Notice of Submission of

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Confidential Settlement Conference Statement (See Local Rule 270(d)); and

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3.

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However, if the parties submit

The deadline of March 2, 2016 for filing motions for summary judgment
remains the same.

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IT IS SO ORDERED.
Dated:

January 27, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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Settlement Conference Statements should not be filed with the Clerk of the Court nor served
on any other party. Settlement Conference Statements shall be clearly marked “confidential.”
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