Shepard v. Quillen

Filing 96

ORDER REQUIRING 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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LAMONT SHEPARD,

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Plaintiff,

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CASE NO. 1:09-cv-00809-LJO-BAM PC
ORDER REQUIRING PARTIES TO NOTIFY
COURT WHETHER A SETTLEMENT
CONFERENCE WOULD BE BENEFICIAL

v.
T. QUILLEN, et al.,

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TWENTY-DAY DEADLINE
Defendants.
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Plaintiff Lamont Shepard (“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. At this juncture, this action is

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proceeding on Plaintiff’s first amended complaint, filed September 16, 2010, against Defendant T.

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Quillen for excessive force in violation of the Eighth Amendment and J. Wise for retaliation in

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violation of the First Amendment. This action is currently set for trial on March 19, 2013.

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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.1

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

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

feasible.

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

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

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

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housing.

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Accordingly, within twenty (20) 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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th 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:
cm411

September 25, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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