Zamaro v. Moonga et al

Filing 93

ORDER Requiring Parties to Notify Court Whether a Settlement Conference Would be Beneficial, signed by Magistrate Judge Barbara A. McAuliffe on 11/7/13. Twenty-One Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAMMY ZAMARO,

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Plaintiff,
v.
G. MOONGA, et al.,
Defendants.

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Case No.: 1:09-cv-00580-BAM PC
ORDER REQUIRING PARTIES TO NOTIFY
COURT WHETHER A SETTLEMENT
CONFERENCE WOULD BE BENEFICIAL
TWENTY-ONE DAY DEADLINE

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Plaintiff Sammy Zamaro (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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

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Plaintiff’s complaint, filed February 12, 2009, against Defendants Moonga and Akanno for deliberate

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indifference to Plaintiff’s serious medical needs in violation of the Eighth Amendment. A telephonic

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trial confirmation hearing is set for January 29, 2014, and a jury trial is set for March 3, 2014.

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

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

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

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

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

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having a settlement conference scheduled by the Court.
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If the parties wish to have a settlement conference scheduled, Defendants’ counsel shall notify

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

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

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

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Accordingly, within twenty-one (21) days from the date of service of this order, Plaintiff and

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

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

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settlement conference.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 7, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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