Shepard v. Quillen

Filing 99

ORDER DENYING Plaintiff's 97 Motion a Settlement Conference signed by Magistrate Judge Barbara A. McAuliffe on 11/16/12. (Martin-Gill, S)

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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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CASE NO. 1:09-cv-00809-LJO-BAM PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION FOR
A SETTLEMENT CONFERENCE

v.
(ECF. No. 96, 97, 98)

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T. QUILLEN, et al.,
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.

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The matter is set for jury trial on March 19, 2013, before the Honorable Lawrence J. O’Neill.

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(ECF No. 87.) On September 25, 2012, an order issued requiring the parties to notify the Court if

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a settlement conference would be beneficial. (ECF No. 96.) Plaintiff filed a motion for a settlement

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conference on October 9, 2012. (ECF No. 97.) On October 15, 2012, Defendants filed a statement

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on Defendant Quillen’s position. (ECF No. 98.)

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Defendant does not object to a settlement conference. Defendant asserts that the cost of

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transporting Plaintiff for the settlement conference would be cost prohibitive and requests that any

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settlement conference be conducted telephonically. The Court declines to set a telephonic settlement

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conference, and based upon the responses of the parties no settlement conference shall be set.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for a settlement conference,

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filed October 9, 2012, is denied.

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IT IS SO ORDERED.

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Dated:
10c20k

November 16, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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