Payan v. Tate et al

Filing 99

ORDER Denying Plaintiff's 95 Motion for Settlement Conference without Prejudice signed by Magistrate Judge Dennis L. Beck on 03/05/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. PAYAN,

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Plaintiff,

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v.
TATE, et al.,

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Case No. 1:13-cv-00807 LJO DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR SETTLEMENT CONFERENCE
WITHOUT PREJUDICE
(Document 95)

Defendants.

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

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

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

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motion for summary judgment based on exhaustion are pending.
On February 17, 2016, Plaintiff filed a motion for a settlement conference. The Court

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ordered Defendants to respond to the request, and on March 3, 2016, they filed their report.
Defendants believe that settlement discussions are premature, given the pending Findings and

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Recommendations, the stay of discovery and the new claims that Plaintiff has asserted. In light of

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these issues, Defendants have not had an opportunity to evaluate settlement.

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The Court cannot force the parties to participate in a settlement conference. As Defendants

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do not believe that a settlement conference is feasible at this stage of the proceedings, Plaintiff’s

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motion is DENIED WITHOUT PREJUDICE. The parties are reminded that they may contact the

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Court at any time if they mutually agree that a settlement conference would be beneficial.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 5, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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