Davy v. Swanson

Filing 33

ORDER Requiring Defendant to Notify Court Whether a Settlement Conference Would be Beneficial, signed by Magistrate Judge Gary S. Austin on 9/17/13. 30-Day Deadline. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PIERRE DAVY, 12 Plaintiff, 13 vs. 14 1:12-cv-00749-LJO-GSA-PC ORDER REQUIRING DEFENDANT TO NOTIFY COURT WHETHER A SETTLEMENT CONFERENCE WOULD BE BENEFICIAL A. SWANSON, 15 Defendant. THIRTY-DAY DEADLINE 16 17 I. BACKGROUND 18 Pierre Davy (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff commenced this action on 20 May 8, 2012. (Doc. 1.) This case now proceeds on the initial Complaint against defendant A. 21 Swanson, for use of excessive force in violation of the Eighth Amendment. Id. 22 This action is now in the discovery phase. (Doc. 23.) On September 16, 2013, Plaintiff 23 filed a request for the court to schedule a settlement conference for this case. (Doc. 32.) 24 II. SETTLEMENT CONFERENCES 25 The Court is able to refer cases for mediation before a participating United States 26 Magistrate Judge. Settlement conferences are ordinarily held in person at the Court or at a 27 prison in the Eastern District of California. Defendant shall notify the Court whether he 28 /// 1 1 believes, in good faith, that settlement in this case is a possibility and whether he is interested 2 in having a settlement conference scheduled by the Court.1 3 Defendant’s counsel shall also notify the Court whether there are security concerns that 4 would prohibit scheduling a settlement conference. If security concerns exist, counsel shall 5 notify the Court whether those concerns can be adequately addressed if Plaintiff is transferred 6 for settlement only and then returned to prison for housing. 7 II. 8 9 CONCLUSION Based on the foregoing, IT IS HEREBY ORDERED that within thirty (30) days from the date of service of this order, Defendant shall file a written response to this order.2 10 11 12 13 IT IS SO ORDERED. Dated: 14 15 16 September 17, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 17 18 19 20 21 22 23 24 25 26 1 The parties may wish to discuss the issue by telephone in determining whether they believe settlement is feasible. 27 28 2 The issuance of this order does not guarantee referral for settlement, but the Court will make every reasonable attempt to secure the referral should both parties desire a settlement conference. 2

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