Masterson v. Killen et al

Filing 44

ORDER re Plaintiff's 43 Motion to Defense Counsel, signed by Magistrate Judge Gary S. Austin on 11/24/14. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL MASTERSON, 12 13 14 15 Plaintiff, vs. 1:11-cv-01179-LJO-GSA-PC ORDER RE PLAINTIFF’S REQUEST TO DEFENSE COUNSEL (Doc. 43.) SUZANNE KILLEN, et al., Defendants. 16 17 18 Daniel Masterson (APlaintiff@) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff filed the 20 Complaint commencing this action on July 18, 2011. (Doc. 1.) This case proceeds with 21 Plaintiff’s Third Amended Complaint filed on November 22, 2013 against defendants Suzanne 22 Killen, Velva Rowell, Brad Hall, Michael Fisher, Lieutenant F. A. Rodriguez, Kelly Santoro, 23 and Captain Randy Tolson for retaliation, and against defendants Suzanne Killen, Velva 24 Rowell, Brad Hall, Lieutenant F. A. Rodriguez, Kelly Santoro, and Captain Randy Tolson for 25 conspiracy to retaliate against Plaintiff. (Doc. 28.) 26 This case is presently in the discovery phase, pursuant to the court’s Discovery and 27 Scheduling Order issued on November 14, 2014. (Doc. 42.) On November 21, 2014, Plaintiff 28 filed a request to meet and confer by telephone with defense counsel, to discuss “resolution of 1 1 any and all issues, including but not limited to the possibility of settlement.” (Doc. 43 at 1:19- 2 20.) 3 Plaintiff’s request to meet and confer should not have been filed with the court. 4 Plaintiff is advised that discovery is meant to be conducted among the parties only, without 5 notice to the court, unless a discovery dispute arises. The court’s Discovery and Scheduling 6 Order instructs the parties not to file discovery requests and responses with the court unless 7 required by Local Rules 250.2, 250.3, and 250.4. (Doc. 42 ¶1.) Correspondence between the 8 parties during discovery should not be filed with the court unless it is at issue, such as when a 9 motion to compel is filed. Moreover, settlement negotiations are considered confidential and 10 ordinarily should not be filed with the court. Inasmuch as Plaintiff’s request is directed only to 11 defense counsel and not to the court, the court shall not consider the request or make any ruling 12 on it. 13 14 15 16 IT IS SO ORDERED. Dated: November 24, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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