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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL MASTERSON,

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Plaintiff,
vs.

1:11-cv-01179-LJO-GSA-PC
ORDER RE PLAINTIFF’S REQUEST
TO DEFENSE COUNSEL
(Doc. 43.)

SUZANNE KILLEN, et al.,
Defendants.

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Daniel Masterson (APlaintiff@) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff filed the

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Complaint commencing this action on July 18, 2011. (Doc. 1.) This case proceeds with

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Plaintiff’s Third Amended Complaint filed on November 22, 2013 against defendants Suzanne

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Killen, Velva Rowell, Brad Hall, Michael Fisher, Lieutenant F. A. Rodriguez, Kelly Santoro,

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and Captain Randy Tolson for retaliation, and against defendants Suzanne Killen, Velva

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Rowell, Brad Hall, Lieutenant F. A. Rodriguez, Kelly Santoro, and Captain Randy Tolson for

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conspiracy to retaliate against Plaintiff. (Doc. 28.)

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This case is presently in the discovery phase, pursuant to the court’s Discovery and

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Scheduling Order issued on November 14, 2014. (Doc. 42.) On November 21, 2014, Plaintiff

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filed a request to meet and confer by telephone with defense counsel, to discuss “resolution of
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any and all issues, including but not limited to the possibility of settlement.” (Doc. 43 at 1:19-

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20.)

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Plaintiff’s request to meet and confer should not have been filed with the court.

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Plaintiff is advised that discovery is meant to be conducted among the parties only, without

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notice to the court, unless a discovery dispute arises. The court’s Discovery and Scheduling

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Order instructs the parties not to file discovery requests and responses with the court unless

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required by Local Rules 250.2, 250.3, and 250.4. (Doc. 42 ¶1.) Correspondence between the

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parties during discovery should not be filed with the court unless it is at issue, such as when a

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motion to compel is filed. Moreover, settlement negotiations are considered confidential and

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ordinarily should not be filed with the court. Inasmuch as Plaintiff’s request is directed only to

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defense counsel and not to the court, the court shall not consider the request or make any ruling

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on it.

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IT IS SO ORDERED.
Dated:

November 24, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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