Zavala v. Chrones et al

Filing 69

ORDER DENYING 45 Plaintiff's Motion for Settlement Conference, signed by Magistrate Judge Dennis L. Beck on 07/06/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEITH ZAVALA,

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CASE NO. 1:09-CV-01352-DLB PC
Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR SETTLEMENT CONFERENCE

v.
(DOC. 45)

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CHRIS CHRONES, et al.,
Defendants.

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Plaintiff Keith Zavala (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

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against Defendants S. Chandler, Chris Chrones, S. Kays, C. Martin, D. Smith, and Soto. Pending

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before the Court is Plaintiff’s motion for a mandatory settlement conference, filed January 18,

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2011. Defendants Martin and Soto filed an opposition on January 21, 2011. Plaintiff field a

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reply on February 7, 2011. The matter is submitted pursuant to Local Rule 230(l).

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Plaintiff moves for the Court to require the parties to attend a settlement conference

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regarding this action. Defendants contend that settlement is premature, as discovery had yet to be

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completed, and Defendants contend that they are not liable.

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As of the date of this order, Defendants Chandler, Chrones, Kays, and Smith have

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appeared , and discovery was recently opened for those Defendants in this action. It appears that
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Defendants are unwilling at this time to pursue settlement in this action. The Court will not

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order a settlement conference if both parties are not in agreement that settlement is a viable

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option in the action. Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for a

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settlement conference, filed January 18, 2011, is denied, without prejudice.

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IT IS SO ORDERED.
Dated:

July 6, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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