Ilsung v. Mobert

Filing 42

ORDER Denying Without Prejudice Plaintiff's Motion For Alternative Dispute Resolution (ECF No. 39 ), signed by Magistrate Judge Michael J. Seng on 6/30/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTORY ILSUNG,

CASE No. 1:10-cv-02070-AWI-MJS (PC)

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ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION FOR ALTERNATIVE
DISPUTE RESOLUTION

Plaintiff,

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v.

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(ECF No. 39)
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ROBERT MOBERT,
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Defendants.

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/

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Plaintiff Victory Ilsung, a state prisoner proceeding pro se and in forma pauperis,
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filed this civil rights action on November 8, 2010 pursuant to 42 U.S.C. § 1983. (ECF
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No. 1.) The matter proceeds on retaliation and medical indifference claims against
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Defendant Mobert. (ECF No. 14.) Defendant filed an Answer on April 2, 2013. (ECF No.
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36.)
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Pending before the Court is Plaintiff’s Motion to set this matter for Alternative
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Dispute Resolution (“ADR”). Plaintiff suggests that this case is a good candidate for
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settlement, in part because his dialysis at times leaves him too exhausted to work on
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the case. (ECF No. 39.) Defendant has not filed opposition and the time for doing so
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has passed. Local Rule 230(l). The Motion is ready for ruling.
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The Court’s ADR process is available in cases such as this only if both parties
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agree or the Court exercises authority to compel it. Local Rule 271(a)(2). Although
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Defendant’s failure to oppose the Motion can be interpreted as agreement to ADR,

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Defendant has affirmatively advised the Court’s litigation coordinator that Defendant

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does not believe settlement discussions would be productive at this time. Additionally,

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the Court notes that since discovery has not even begun, consideration of ADR may be

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premature.
The Court will deny the Motion at this time, but do so without prejudice to it being

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refiled if and as appropriate.

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Accordingly, for the reasons stated, it is HEREBY ORDERED that Plaintiff’s

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Motion that this matter be set for ADR (ECF No. 39) is DENIED without prejudice.

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IT IS SO ORDERED.

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Dated:
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June 30, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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