Hernandez v. Smith et al

Filing 48

ORDER DENYING Without Prejudice, Plaintiff's Motion for Case Conference and Settlement 45 , 47 , signed by Magistrate Judge Stanley A. Boone on 9/29/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAUL HERNANDEZ,

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Plaintiff,

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v.
R.D. SMITH, et al.,

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Defendants.

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Case No.: 1:09-cv-00828-AWI-SAB (PC)
ORDER DENYING, WITHOUT PREJUDICE,
PLAINTIFF’S MOTION FOR CASE
CONFERENCE AND SETTLEMENT
[ECF Nos. 45, 47]

Plaintiff Raul Hernandez is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.
On September 18, 2014, Plaintiff filed a motion for a conference and settlement. In response

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to this Court’s order, Defendants filed a response on September 26, 2014. Defendants submit that a

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settlement conference would not be helpful at this time as they intend to bring a motion for summary

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judgment. Furthermore, Defendants contend the terms of the proposed settlement relating to dental

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implants are not feasible. Defendants will never agree to provide Plaintiff a dental implant because

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such treatment is specifically excluded under California Code of Regulations, title 15, section

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3350.1(c)(5).

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Based on Defendants’ representation that a settlement conference would not be beneficial at

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the present time, Plaintiff’s motion for a settlement conferred is DENIED, without prejudice.

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IT IS SO ORDERED.

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Dated:

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September 29, 2014
UNITED STATES MAGISTRATE JUDGE

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