Masterson v. Killen et al
Filing
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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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