Cranford v. Badagon

Filing 34

ORDER REQUIRING Parties to Notify Court Whether a Settlement Conference would be Beneficial; Twenty Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 11/13/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,
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Plaintiff,

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v.
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ANGELA BADAGON,
Defendant.

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Case No.: 1:11-cv-00736-LJO-BAM
ORDER REQUIRING PARTIES TO NOTIFY
COURT WHETHER A SETTLEMENT
CONFERENCE WOULD BE BENEFICIAL
TWENTY-DAY DEADLINE

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Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee 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 proceeds on Plaintiff’s

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complaint, filed May 9, 2011, against Defendant Badagon for excessive force in violation of the

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Fourteenth Amendment. This matter is set for jury trial on February 19, 2014.

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The Court is able to refer cases for mediation before a United States Magistrate Judge. A

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settlement conference will only be set if the parties are willing to make a meaningful attempt to

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resolve this action and are willing to compromise. Settlement conferences may be held by video

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conference or in person at the court. Plaintiff and Defendant shall notify the Court whether they

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

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having a settlement conference scheduled by the Court.1

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If the parties wish to have a settlement conference scheduled, Defendant’s counsel shall notify

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the Court whether there are security concerns that would prohibit scheduling a settlement conference.

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If security concerns exist, counsel shall notify the Court whether those concerns can be adequately

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addressed if Plaintiff is transferred for settlement only and then returned to Coalinga State Hospital for

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housing.
Accordingly, within twenty (20) days from the date of service of this order, Plaintiff and

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Defendant shall file a written response to this order. If a settlement conference is set by the Court,

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then the Court will issue a separate order indicating each of the parties’ responsibilities regarding the

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settlement conference.

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IT IS SO ORDERED.

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Dated:

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November 13, 2013

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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A similar directive has been issued in related case, Cranford v. Perryman, et al., 1:13-cv-00906 LJO BAM.