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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LAMONT SHEPARD, 10 CASE NO. 1:10-cv-00023-BAM PC Plaintiff, 11 v. 12 ORDER DIRECTING DEFENDANTS TO RESPOND TO PLAINTIFF’S MOTIONS FOR SETTLEMENT CONFERENCE R. PEREZ, et al., 13 (ECF Nos. 69, 74) Defendants. / 14 15 Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on 17 Plaintiff’s complaint Defendants L.A. Martinez, R. Perez, P. Garcia, J. Soto, E. De la Cruz and A 18 Trevino for excessive force in violation of the Eighth Amendment. This action is currently set for 19 a telephonic trial confirmation hearing on March 15, 2013, and for a jury trial on May 6, 2013. 20 On November 29, 2012, Plaintiff filed a motion requesting a settlement conference. (ECF 21 No. 69.) Defendants did not respond. On January 28, 2013, Plaintiff filed a second motion 22 requesting a settlement conference. (ECF No. 74.) 23 Defendants shall respond to Plaintiff’s motions and notify the Court whether they believe, 24 in good faith, that settlement in this case is a possibility and whether they are interested in having 25 a settlement conference scheduled by the Court. A settlement conference will be set only if the 26 parties are willing to make a meaningful attempt to resolve this action and are willing to 27 compromise. Settlement conferences may be held in person or by video conference at the Court. 28 If Defendants wish to have a settlement conference scheduled, counsel shall notify the Court 1 1 whether there are security concerns that would prohibit such a conference. If security concerns exist, 2 counsel shall notify the Court whether those concerns can be addressed if Plaintiff is transferred for 3 settlement only and then returned to prison. 4 Accordingly, within fourteen (14) days from the date of service of this order, Defendants 5 shall file a written response to Plaintiff’s motions for a settlement conference and this order. If a 6 settlement conference is set, the Court will issue a separate order indicating each of the parties’ 7 responsibilities regarding the conference. 8 9 IT IS SO ORDERED. Dated: 10c20k January 30, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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