Davy v. Swanson
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER REQUIRING DEFENDANT TO
NOTIFY COURT WHETHER A
SETTLEMENT CONFERENCE WOULD
Pierre Davy (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff commenced this action on
May 8, 2012. (Doc. 1.) This case now proceeds on the initial Complaint against defendant A.
Swanson, for use of excessive force in violation of the Eighth Amendment. Id.
This action is now in the discovery phase. (Doc. 23.) On September 16, 2013, Plaintiff
filed a request for the court to schedule a settlement conference for this case. (Doc. 32.)
The Court is able to refer cases for mediation before a participating United States
Magistrate Judge. Settlement conferences are ordinarily held in person at the Court or at a
prison in the Eastern District of California. Defendant shall notify the Court whether he
believes, in good faith, that settlement in this case is a possibility and whether he is interested
in having a settlement conference scheduled by the Court.1
Defendant’s counsel shall also notify the Court whether there are security concerns that
would prohibit scheduling a settlement conference. If security concerns exist, counsel shall
notify the Court whether those concerns can be adequately addressed if Plaintiff is transferred
for settlement only and then returned to prison for housing.
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
IT IS SO ORDERED.
September 17, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
The parties may wish to discuss the issue by telephone in determining whether they believe settlement
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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?