Saenz v. Spearman, et al.

Filing 109

ORDER Addressing Settlement Conference re 105 , 106 , 107 , 108 , signed by Magistrate Judge Barbara A. McAuliffe on 10/22/2012. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT GONZALES SAENZ,

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CASE NO. 1:09-cv-00557-BAM PC

Plaintiff,

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ORDER ADDRESSING
CONFERENCE

SETTLEMENT

v.
(ECF Nos. 105, 106, 107, 108)

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SGT. D. REEVES,

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Defendant.
/

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

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

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against Defendant Reeves for retaliation in violation of the First Amendment and deliberate

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indifference to conditions of confinement in violation of the Eighth Amendment. (ECF No. 103.)

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The matter is set for jury trial on June 3, 2013. (ECF No. 104.) On September 25, 2012, an order

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issued requiring the parties to notify the Court if a settlement conference would be beneficial. (ECF

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No. 105.) Plaintiff filed notices regarding settlement on October 4 and 17, 2012, and Defendant filed

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a response on October 15, 2012. (ECF Nos. 106, 107, 108.)

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The Court has reviewed the responses of the parties and finds that a telephonic settlement

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conference is unlikely to result in settlement in this action, therefore the Court declines to schedule

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a settlement conference at this time. Plaintiff will need be transferred closer to the courthouse prior

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to trial. If the parties confer and believe that settlement is possible as the trial date nears, they may

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submit a joint request for a settlement conference. The Court would then schedule a settlement

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conference prior to trial at which the parties would be required to appear. In the meantime, the

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parties are encouraged to negotiate and make a good faith effort to settle the case without the

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involvement of the Court. Specific proposals and counter proposals should be made. The Court will

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not set a settlement conference unless the parties have exchanged good faith demands in an attempt

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to settle.

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IT IS SO ORDERED.
Dated:
10c20k

October 22, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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