Zuniga v. Jordan et al

Filing 41

ORDER Denying 39 Plaintiff's Motion for a Settlement Conference, signed by Magistrate Judge Sandra M. Snyder on 9/28/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LARRY ZUNIGA,

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CASE NO. 1:09-cv-01208-AWI-SMS PC
Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION FOR
A SETTLEMENT CONFERENCE

v.
(ECF Nos. 38, 39, 40)

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CHRIS JORDAN, et al.,
Defendants.
/

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Plaintiff Larry Zuniga (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. On September 1, 2011, an order issued

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requiring the parties to notify the Court if they were interested in settlement negotiations. On

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September 15, 2011, Plaintiff filed a motion for a settlement conference and Defendants’ filed a

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response stating that settlement is not likely and they are not interested in settlement negotiations.

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The Federal Rules of Civil Procedure authorize settlement discussions at any pretrial

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conference. Fed.R.Civ.P. 16(c)(9). While federal courts have the authority to require the parties to

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engage in settlement conferences, they have no authority to coerce settlements. Goss Graphic

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Systems, Inc. v. DEV Industries, Inc., 267 F.3d 624, 627 (7th Cir. 2001.) Defendants have indicated

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to the Court that they are unwilling to participate in a settlement conference. No settlement

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conference will be scheduled until such time as both parties agree to participate in one.

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Accordingly, Plaintiff’s motion for a settlement conference shall be DENIED.

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IT IS SO ORDERED.

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Dated:
icido3

September 28, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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