Saenz v. Spearman, et al.

Filing 105

ORDER DIRECTING Parties to Notify Court Whether a Settlement Conference Would Be Beneficial TWENTY-DAY DEADLINE, signed by Magistrate Judge Barbara A. McAuliffe on 9/25/12. (Hellings, J)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

ROBERT GONZALES SAENZ,

10

Plaintiff,

11
12

CASE NO. 1:09-cv-00557-BAM PC
ORDER REQUIRING PARTIES TO NOTIFY
COURT WHETHER A SETTLEMENT
CONFERENCE WOULD BE BENEFICIAL

v.
SGT. D. REEVES,

13

TWENTY-DAY DEADLINE
Defendant.
/

14
15

Plaintiff Robert Gonzales Saenz (“Plaintiff”) is a state prisoner proceeding pro se and in

16

forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Following resolution of

17

Defendants’ motion for summary judgment, this action is proceeding on the second amended

18

complaint, filed January 14, 2010, against Defendants Reeves for retaliation in violation of the First

19

Amendment and deliberate indifference to conditions of confinement in violation of the Eighth

20

Amendment. This matter is set for trial on June 3, 2013.

21

The Court is able to refer cases for mediation before a United States Magistrate Judge. A

22

settlement conference will only be set if the parties are willing to make a meaningful attempt to

23

resolve this action and are willing to compromise. Settlement conferences may be held by video

24

conference or in person at the court. Plaintiff and Defendants shall notify the Court whether they

25

believe, in good faith, that settlement in this case is a possibility and whether they are interested in

26

having a settlement conference scheduled by the Court.1

27
1

28

The parties may wish to discuss the issue by telephone in determining whether they believe settlement is

feasible.

1

1

If the parties wish to have a settlement conference scheduled, Defendants’ counsel shall

2

notify the Court whether there are security concerns that would prohibit scheduling a settlement

3

conference. If security concerns exist, counsel shall notify the Court whether those concerns can be

4

adequately addressed if Plaintiff is transferred for settlement only and then returned to prison for

5

housing.

6

Accordingly, within twenty (20) days from the date of service of this order, Plaintiff and

7

Defendants shall file a written response to this order. If a settlement conference is set by the Court,

8

th Court will issue a separate order indicating each of the parties’ responsibilities regarding the

9

settlement conference.

10
11
12

IT IS SO ORDERED.
Dated:
cm411

September 25, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2