Zavala v. Chrones et al

Filing 115

ORDER ADDRESSING Settlement Conference signed by Magistrate Judge Barbara A. McAuliffe on 11/26/2012. (Jessen, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

KEITH ZAVALA,

10

CASE NO. 1:09-cv–01352-BAM PC
Plaintiff,

11

ORDER ADDRESSING SETTLEMENT
CONFERENCE

v.
(ECF Nos. 101, 102, 104)

12

CHRIS CHRONES, et al.,

13

Defendants.
/

14
15

Plaintiff Keith Zavala is a state prisoner proceeding pro se and in forma pauperis in this civil

16

rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s second amended

17

complaint, filed May 24, 2010, against Defendants Chris Chrones, S. Kays, D. Smith, S. Chandler,

18

C. Martin, and Soto for deliberate indifference in violation of the Eighth Amendment. (ECF No. 19.)

19

This action is currently set for jury trial on February 12, 2013. (ECF No. 100.)

20

On September 25, 2012, an order issued requiring the parties to indicate whether a settlement

21

conference would be beneficial in this action. (ECF No. 101.) On October 15, 2012, Defendants

22

filed a response stating that they do not believe that this case is ripe for mediation. (ECF No. 102.)

23

Plaintiff filed a notice on the same date indicating that he is willing to engage in settlement

24

negotiations. (ECF NO. 104.)

25

Upon review of the responses of the parties, the Court declines to schedule a settlement

26

conference at this time. No settlement conference will be scheduled until such time as both parties

27

agree that settlement in the action is possible. Should both parties be willing to participate in a

28

///
1

1

settlement conference in a good faith effort to settle this action, they may file a joint request for a

2

settlement conference.

3
4
5

IT IS SO ORDERED.
Dated:
cm411

November 26, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2