Shepard v. Tilton et al

Filing 77

ORDER DIRECTING Defendants to Respond to 69 , 74 Plaintiff's Motions for Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 1/30/2013. Defendants' Response due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LAMONT SHEPARD,

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CASE NO. 1:10-cv-00023-BAM PC

Plaintiff,

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v.

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ORDER DIRECTING DEFENDANTS TO
RESPOND TO PLAINTIFF’S MOTIONS FOR
SETTLEMENT CONFERENCE

R. PEREZ, et al.,

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(ECF Nos. 69, 74)
Defendants.
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Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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

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Plaintiff’s complaint Defendants L.A. Martinez, R. Perez, P. Garcia, J. Soto, E. De la Cruz and A

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Trevino for excessive force in violation of the Eighth Amendment. This action is currently set for

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a telephonic trial confirmation hearing on March 15, 2013, and for a jury trial on May 6, 2013.

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On November 29, 2012, Plaintiff filed a motion requesting a settlement conference. (ECF

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No. 69.) Defendants did not respond. On January 28, 2013, Plaintiff filed a second motion

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requesting a settlement conference. (ECF No. 74.)

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Defendants shall respond to Plaintiff’s motions and notify the Court whether they believe,

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in good faith, that settlement in this case is a possibility and whether they are interested in having

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a settlement conference scheduled by the Court. A settlement conference will be set only if the

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parties are willing to make a meaningful attempt to resolve this action and are willing to

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compromise. Settlement conferences may be held in person or by video conference at the Court.

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If Defendants wish to have a settlement conference scheduled, counsel shall notify the Court
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whether there are security concerns that would prohibit such a conference. If security concerns exist,

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counsel shall notify the Court whether those concerns can be addressed if Plaintiff is transferred for

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settlement only and then returned to prison.

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Accordingly, within fourteen (14) days from the date of service of this order, Defendants

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shall file a written response to Plaintiff’s motions for a settlement conference and this order. If a

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settlement conference is set, the Court will issue a separate order indicating each of the parties’

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responsibilities regarding the conference.

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IT IS SO ORDERED.
Dated:
10c20k

January 30, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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