Payan v. Tate et al

Filing 97

ORDER Requiring Defendants to Respond to Plaintiff's 95 Request for Settlement Conference, signed by Magistrate Judge Dennis L. Beck on 2/24/16. Fourteen-Day Deadline. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL J. PAYAN,

12

Plaintiff,

13
14

v.

Case No. 1:13-cv-00807 LJO DLB PC
ORDER REQUIRING DEFENDANTS
TO RESPOND TO PLAINTIFF’S
REQUEST FOR SETTLEMENT
CONFERENCE

TATE, et al.,

15

Defendants.

16
Plaintiff Michael J. Payan (“Plaintiff”) is a state prisoner proceeding pro se and in forma

17
18

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

19

Plaintiff’s October 19, 2015, First Amended Complaint.
The Court’s January 26, 2016, Findings and Recommendations granting in part Defendants’

20
21

motion for summary judgment based on exhaustion is pending.

22

On February 17, 2016, Plaintiff filed a motion for a settlement conference. This action was

23

previously set for a settlement conference in January 2015, after the parties agreed that a settlement

24

conference would be beneficial. However, after submitting their confidential settlement conference

25

statement, Defendants’ counsel indicated that she did not have authority to settle the action, and the

26

conference was vacated.

27

///

28

///
1

1

Given Plaintiff’s current request and the possibility that the posture of this action has altered

2

Defendants’ position, the Court ORDERS Defendants to inform the Court whether a settlement

3

conference will be beneficial. Defendants SHALL file a response to Plaintiff’s motion within

4

fourteen (14) days of the date of service of this order.

5
6
7
8

IT IS SO ORDERED.
Dated:

/s/ Dennis

February 24, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2