Kennedy v. Gonzalez et al

Filing 81

ORDER VACATING Settlement Conference Set for May 19, 2014, and REQUIRING Plaintiff to Resubmit Confidential Settlement Conference Statement within Seven Days signed by Magistrate Judge Stanley A. Boone on 5/6/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS BLAKE KENNEDY,
Plaintiff,

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v.

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F. GONZALEZ,

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Case No. 1:09-cv-01161-AWI-SKO (PC)
ORDER VACATING SETTLEMENT
CONFERENCE SET FOR MAY 19, 2014,
AND REQUIRING PLAINTIFF TO
RESUBMIT CONFIDENTIAL
SETTLEMENT CONFERENCE
STATEMENT WITHIN SEVEN DAYS

Defendant.
(Doc. 76)

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_____________________________________/
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Plaintiff Thomas Blake Kennedy, a state prisoner proceeding pro se and in forma pauperis,

18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 6, 2009. This action is set for
19 jury trial on June 10, 2014, on Plaintiff’s remaining damages claim against Defendant Gonzalez
20 for violating Plaintiff’s rights under the Eighth Amendment of the United States Constitution.
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On April 21, 2014, the Court scheduled a settlement conference before the undersigned on

22 May 19, 2014, at 9:30 a.m. The parties were ordered to submit confidential settlement conference
23 statements on or before May 1, 2014. Defendant submitted his statement on May 1, 2014, and the
24 Court received a letter from Plaintiff stating that he previously mailed his statement but neglected
25 to address it to the undersigned.
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To date, Plaintiff’s settlement conference statement has not been received, and therefore,

27 the settlement conference shall be vacated. Plaintiff is required to resubmit his confidential
28 settlement conference statement within seven days, in compliance with the order filed on April 21,

1 2014. The Court will reschedule the settlement conference once it has reviewed Plaintiff’s
2 statement.
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Accordingly, based on the foregoing, the Court HEREBY ORDERS as follows:

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1.

The settlement conference scheduled for May 19, 2014, at 9:30 a.m. in Courtroom

5 9 is VACATED; and
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2.

Within seven (7) days from the date of service of this order, Plaintiff shall resubmit

7 his confidential settlement conference statement in compliance with the order filed on April 21,
8 2014.
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IT IS SO ORDERED.
Dated:

May 6, 2014
UNITED STATES MAGISTRATE JUDGE

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