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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PIERRE DAVY,

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Plaintiff,

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vs.

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1:12-cv-00749-LJO-GSA-PC
ORDER REQUIRING DEFENDANT TO
NOTIFY COURT WHETHER A
SETTLEMENT CONFERENCE WOULD
BE BENEFICIAL

A. SWANSON,

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Defendant.

THIRTY-DAY DEADLINE

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I.

BACKGROUND

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Pierre Davy (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff commenced this action on

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May 8, 2012. (Doc. 1.) This case now proceeds on the initial Complaint against defendant A.

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Swanson, for use of excessive force in violation of the Eighth Amendment. Id.

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This action is now in the discovery phase. (Doc. 23.) On September 16, 2013, Plaintiff

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filed a request for the court to schedule a settlement conference for this case. (Doc. 32.)

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II.

SETTLEMENT CONFERENCES

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The Court is able to refer cases for mediation before a participating United States

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Magistrate Judge. Settlement conferences are ordinarily held in person at the Court or at a

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prison in the Eastern District of California. Defendant shall notify the Court whether he

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believes, in good faith, that settlement in this case is a possibility and whether he is interested

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in having a settlement conference scheduled by the Court.1

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Defendant’s counsel shall also notify the Court whether there are security concerns that

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would prohibit scheduling a settlement conference. If security concerns exist, counsel shall

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notify the Court whether those concerns can be adequately addressed if Plaintiff is transferred

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for settlement only and then returned to prison for housing.

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II.

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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

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IT IS SO ORDERED.
Dated:

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September 17, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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The parties may wish to discuss the issue by telephone in determining whether they believe settlement

is feasible.
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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.

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