Gamez v. Gonzalez, et al.

Filing 228

ORDER DENYING Defendants' 227 Request to Reinstate Original Date and Judge for Settlement Conference, signed by Magistrate Judge Erica P. Grosjean on 2/4/16. (Marrujo, C)

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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.

1:08-cv-01113-EPG-PC
ORDER DENYING DEFENDANTS’
REQUEST TO REINSTATE ORIGINAL
DATE AND JUDGE FOR SETTLEMENT
CONFERENCE

F. GONZALEZ, et al.,
Defendants.

(ECF No. 227.)

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On February 3, 2016, defense counsel filed a Waiver of Disqualification of Settlement

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Judge pursuant to Local Rule 270(b) after the Court’s deadline, with a declaration explaining

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that it was simple oversight and asking that the original date and settlement conference judge

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be reinstated. (ECF No. 227.) The Court declines to do so and confirms by this order that the

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settlement conference will go forward before Judge Thurston on February 18, 2016 at 10:00

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a.m. in Courtroom 6. (ECF No. 222.)

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Whether inadvertent or not, defendants did not submit their Waiver by either the first

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deadline ordered by the Court or the second deadline permitted by the Court after defendants

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failed to file their waiver on time. A settlement conference before Judge Thurston has now

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been set on February 18 and the judges have scheduled their matters accordingly. Additionally,

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the initial writ to transport Plaintiff for the settlement conference has been withdrawn and a

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new one issued and confirmed with the prison. At this point, it is inefficient and inconvenient

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to change the date and presiding judge.

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It goes without saying that Magistrate Judge Thurston is more than able to handle this

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settlement conference and the difference in judges presiding should not be prejudicial to either

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party.

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Accordingly, IT IS HEREBY ORDERED that Defendants’ request for the Court to
reinstate the original date and judge for the settlement conference is DENIED.

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IT IS SO ORDERED.
Dated:

February 4, 2016

/s/
UNITED STATES MAGISTRATE JUDGE