Cantu v. Garcia et al

Filing 184

ORDER Setting Telephonic Settlelment Conference, signed by Magistrate Judge Barbara A. McAuliffe on 6/28/16. Telephonic Settlement Conference set for 7/7/2016 at 09:30 AM. (Verduzco, M)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 JOSHUA J. CANTU, 10 11 12 13 14 Plaintiff, v. CORRECTIONAL OFFICER M. GARCIA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-00177-DAD-DLB (PC) ORDER SETTING TELEPHONIC SETTLEMENT CONFERENCE July 7, 2016 9:30 a.m. Call in number below 15 16 Plaintiff Joshua J. Cantu (“Plaintiff”) is a former California state prisoner proceeding pro 17 se in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was set for a settlement 18 conference on June 28, 2016, at 9:30 a.m. On June 24, 2016, Plaintiff filed a request to be 19 relieved from appearing at the settlement conference based upon lack of money and lack of 20 transportation. His car had been towed on May 29, 2016, and he did not have enough money to 21 have the car released. The Court reviewed the request on June 27, 2016. 22 Plaintiff is cautioned that he is required to comply with all Court orders to appear unless 23 excused in advance of the hearing. Plaintiff knew about the lack of transportation for several 24 weeks before the settlement conference, yet failed to communicate with the Court in a timely 25 fashion. Inconvenience is not an excuse for failure to comply with Court orders. Plaintiff is also 26 cautioned that public transportation is available for travel to this Court. Trial is set for August 9, 27 2016, and other dates are scheduled in this case. Plaintiff’s personal appearance is required at 28 1 1 some or all of these dates. Plaintiff’s failure to timely comply with Court orders or to appear at 2 trial will result in dismissal of this action. 3 In the interest of justice, and to pursue possible resolution of this case without trial, the 4 Court sets a TELEPHONIC settlement conference for July 7, 2016, at 9:30 a.m. Plaintiff shall 5 call into the Court at 559-499-5789 at 9:30 a.m. Defendants shall call into the Court at 559-499- 6 5788 at 9:30 a.m. The parties should be prepared to fully discuss resolution of this case with the 7 Court at the telephonic settlement conference. Failure to comply with this Court order will result 8 in a recommendation that this action be dismissed. 9 10 11 IT IS SO ORDERED. Dated: /s/ Barbara June 28, 2016 12 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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