Finley v. Olive et al

Filing 51

ORDER denying 50 Motion for a settlement conference signed by Magistrate Judge Barbara A. McAuliffe on 12/9/2011. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOWELL FINLEY,

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CASE NO. 1:10-cv-00778-LJO-BAM PC
Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION FOR
A SETTLEMENT CONFERENCE

v.
(ECF No. 50)

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A. D. OLIVE, et al.,
Defendants.
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Plaintiff Jowell Finely (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. This action is proceeding on the complaint filed May 3, 2010,

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against Defendants Olive and Pina for deliberate indifference in violation of the Eight Amendment.

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Following the revocation of Plaintiff’s in forma pauperis status and payment of the filing fee,

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Defendants filed an answer on November 7, 2011. An order opening discovery issued on November

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22, 2011. On December 8, 2011, Plaintiff filed a motion for a settlement conference.

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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 not

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indicated to the Court that they are willing 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. Discovery

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in this action opened on November 22, 2011, and is not set to close until July 22, 2012. At this stage

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of the action, when discovery has just begun, a request for a settlement conference is premature.
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Plaintiff is advised that this order does not preclude the parties from discussing settlement.
Accordingly, Plaintiff’s motion for a settlement conference, filed December 8, 2011, is
HEREBY DENIED.
IT IS SO ORDERED.
Dated:
10c20k

December 9, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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