Branch v. Grannis, et al.,

Filing 239

ORDER denying as moot Motions for telephonic / video settlement conference re 223 , 231 signed by Magistrate Judge Michael J. Seng on 9/29/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LOUIS BRANCH,

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Plaintiff,
v.
N. GRANNIS, et al.,
Defendants.

CASE NO. 1:08-cv-01655-SAB (PC)
ORDER DENYING AS MOOT
PLAINTIFF’S MOTIONS FOR
TELEPHONIC/VIDEO SETTLEMENT
CONFERENCE
(ECF Nos. 223, 231)

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in a civil rights
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action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s July 10,
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2013, third amended complaint against Defendants Szalai, Alvarez, and Umphenour for
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deliberate indifference to Plaintiff’s safety in violation of the Eighth Amendment and

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against Defendant Umphenour for retaliation in violation of the First Amendment. The
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action is set for trial on January 30, 2017.
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Initially, the Court scheduled a settlement conference in this case for September
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9, 2016 (ECF No. 214), but then continued it to September 30, 2016. (ECF No. 224.) On
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September 19, 2016, the Court ordered the parties to submit, by September 26, 2016,
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Confidential Settlement Conference Statements containing specified information. (ECF
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No. 233.) Plaintiff’s submission did not comply with the Court’s specifications, and

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accordingly, on September 27, 2016, the settlement conference was cancelled. (ECF

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No. 236.) The Court does not intend to set a further settlement conference in this case.

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(See id.)

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Still pending before the Court are two identical motions by Plaintiff to

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appear by telephone or video conference at the above-referenced settlement

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conference. (ECF Nos. 223, 231.) Since the settlement conference has been cancelled,

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Plaintiff’s motions to appear telephonically are moot and DENIED on that basis.

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Nevertheless, the Court believes it productive to address the substance of Plaintiff’s

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motions.

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Plaintiff argues that 42 U.S.C. 1997e(f)(1) obligates the Court to allow him to
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appear by telephone or video. That code section, which applies to inmates like Plaintiff
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who challenge the conditions of their confinement, provides that ‘[t]o the extent
practicable” pretrial proceedings in which an inmate’s participation is required or

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permitted

shall

be

conducted

by

telephone,

video

conference,

or

other

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telecommunications technology without removing the inmate from the facility in which he
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is confined.
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The Court typically allows inmates to appear telephonically for all pretrial
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proceedings. However, it finds that settlement conference are rarely, if ever, productive
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where the Court lacks live, personal, one-on-one contact with the participants.
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Moreover, the Court’s video conferencing systems are designed to work with those in

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sister federal courts; the Court is informed that they are not to be connected to non-court
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systems. While the Court is aware of independent video service providers and systems,
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its ability to use them is restricted and, in any event, finds from experience that they can
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be less than reliable and generally inadequate for the conduct of a settlement
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conference. For all these reasons, the Court requires parties to personally appear at
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settlement conferences convened before it.
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In passing, the Court notes that the proposed settlement conference in this case
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was voluntary on the part of the parties. If Plaintiff elects not to comply with the Court’s

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directions for submissions or objects to attending a settlement conference at the Court,

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he is free to undertake to conduct settlement discussion without the involvement of the

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Court.

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THEREFORE, Plaintiff’s motions to appear by telephone or video conference at
the previously scheduled settlement conference are DENIED as moot.

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IT IS SO ORDERED.
Dated:

September 29, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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