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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ARCHIE CRANFORD, 11 Plaintiff, 12 v. 13 14 ANGELA BADAGON, Defendant. 15 ) ) ) ) ) ) ) ) ) ) Case No.: 1:11-cv-00736-LJO-BAM ORDER REQUIRING PARTIES TO NOTIFY COURT WHETHER A SETTLEMENT CONFERENCE WOULD BE BENEFICIAL TWENTY-DAY DEADLINE 16 17 Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s 19 complaint, filed May 9, 2011, against Defendant Badagon for excessive force in violation of the 20 Fourteenth Amendment. This matter is set for jury trial on February 19, 2014. 21 The Court is able to refer cases for mediation before a United States Magistrate Judge. A 22 settlement conference will only be set if the parties are willing to make a meaningful attempt to 23 resolve this action and are willing to compromise. Settlement conferences may be held by video 24 conference or in person at the court. Plaintiff and Defendant shall notify the Court whether they 25 26 27 28 1 believe, in good faith, that settlement in this case is a possibility and whether they are interested in 2 having a settlement conference scheduled by the Court.1 3 If the parties wish to have a settlement conference scheduled, Defendant’s counsel shall notify 4 the Court whether there are security concerns that would prohibit scheduling a settlement conference. 5 If security concerns exist, counsel shall notify the Court whether those concerns can be adequately 6 addressed if Plaintiff is transferred for settlement only and then returned to Coalinga State Hospital for 7 housing. Accordingly, within twenty (20) days from the date of service of this order, Plaintiff and 8 9 Defendant shall file a written response to this order. If a settlement conference is set by the Court, 10 then the Court will issue a separate order indicating each of the parties’ responsibilities regarding the 11 settlement conference. 12 13 IT IS SO ORDERED. 14 Dated: 15 November 13, 2013 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A similar directive has been issued in related case, Cranford v. Perryman, et al., 1:13-cv-00906 LJO BAM.

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