Estrada v. Tassey et al

Filing 142

ORDER REGARDING Plaintiff's 129 Motion for Settlement Conference signed by Magistrate Judge Dennis L. Beck on 1/5/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ESTRADA,

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Plaintiff,

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v.

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GIPSON, et al.,

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Defendants.

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Case No.: 1:13cv00919 LJO DLB (PC)
ORDER REGARDING PLAINTIFF’S
MOTION FOR SETTLEMENT
CONFERENCE
(Document 129)

Plaintiff David Estrada (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action. Plaintiff filed his First Amended Complaint on August 7, 2013. Pursuant to
the Court’s screening order and Plaintiff’s notice of willingness to proceed on the cognizable claims,
this action is proceeding against (1) Defendants Gipson and Espinosa for retaliation in violation of the
First Amendment; and (2) Defendants Gipson, Espinosa, Lambert and Cavazos for violation of the
Eighth Amendment.
Discovery closed on December 15, 2014. Numerous motions to compel are pending.
On December 8, 2014, Plaintiff filed a motion for a Court-ordered settlement.
The Court ordered Defendants to respond to the motion. On December 23, 2014, Defendants
indicated that while they intend to move for summary judgment and do not anticipate making a

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substantive settlement offer, the case may be settled for a nominal amount. Defendants suggested that
Plaintiff provide them directly with a settlement demand.
Accordingly, the Court GRANTS Plaintiff’s motion IN PART. Plaintiff SHALL provide a
settlement demand, directly to Defendants’ counsel, within twenty-one (21) days of the date of service
of this order. The demand should not be filed with the Court. Defendants SHALL respond to the
demand within fourteen days (14) of receipt.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 5, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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