Payan v. Tate et al

Filing 43

ORDER GRANTING Plaintiff's 39 Motion for Settlement Conference; ORDER EXTENDING Time for Defendants to File Responsive Pleading, signed by Magistrate Judge Dennis L. Beck on 12/2/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. PAYAN,
Plaintiff,

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vs.
H. TATE, et al.,
Defendants.

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1:13cv00807 LJO DLB PC
ORDER GRANTING PLAINTIFF’S
MOTION FOR SETTLEMENT
CONFERENCE
(Document 39)
ORDER EXTENDING TIME FOR
DEFENDANTS TO FILE RESPONSIVE
PLEADING

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Plaintiff Michael J. Payan (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on May 28, 2013. This action is proceeding on the

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following cognizable claims: (1) retaliation in violation of the First Amendment by Defendants

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Bingamon, Tate and Vu; and (2) deliberate indifference to a serious medical need in violation of

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the Eighth Amendment against Defendants Bingamon, Tate, Vu, Sheisha and Joaquin.

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On November 25, 2014, the Court adopted Findings and Recommendations and denied
Defendants’ motion to dismiss. Defendants were ordered to file a responsive pleading within
thirty (30) days.
On November 12, 2014, Plaintiff filed a motion for a settlement conference. The Court

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ordered Defendants to inform the Court whether they believed a settlement conference would be

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beneficial. On December 1, 2014, Defendants indicated that in an effort to avoid the cost of a
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jury trial, they would “consent to proceeding with a settlement conference.” Defendants also

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request that the deadline to file a responsive pleading be extended.

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Based on Defendants’ response, Plaintiff’s motion is GRANTED. The Court will set a
settlement conference by separate order.
The Court also GRANTS Defendants an extension of time to file a responsive pleading.
Defendants SHALL file a responsive pleading within thirty (30) days of the date of the
settlement conference, if the case does not settle.
IT IS SO ORDERED.

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Dated:

/s/ Dennis

December 2, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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