Sutton v. Management & Training Corporation (MTC)

Filing 35

ORDER DENYING Without Prejudice Plaintiff's Request for Personal Appearance at the Settlement Conference (Doc. 34 ), Signed by Magistrate Judge Jennifer L. Thurston on 5/27/2014. (Arellano, S.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE DWIGHT SUTTON, 12 Plaintiff, 13 14 15 v. MANAGEMENT & TRAINING CORPORATION, AND JOHN DOES 1 – 9, Defendants. 16 CASE NO. 1:13-CV-01344-AWI-JLT ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S REQUEST FOR PERSONAL APPEARANCE AT THE SETTLEMENT CONFERENCE (Doc. 34) 17 Before the Court is Plaintiff’s request for his personal appearance at the settlement 18 conference, currently set on August 26, 2014. (Doc. 34) Plaintiff is in the custody of the Bureau 19 of Prisons and is housed in San Pedro, California. Id. at 1-2. In his request, Plaintiff fails to set 20 forth any explanation for his need to be present in person or any substantial belief that the 21 settlement conference will go forward. Therefore, the request is DENIED without prejudice. Plaintiff may renew this request but, if he does, he SHALL set forth his reasons for 22 23 believing his personal appearance is needed and he SHALL set forth his explicit understanding 24 that granting his request could result in his being housed temporarily (for many weeks or months) 25 at Taft Correctional Institute or could result in his permanent reassignment there.1 Alternatively, in the event Plaintiff wishes to appear via telephone at the settlement 26 27 28 1 The Court is aware that Plaintiff, through this litigation, has expressed his grave reservation at being housed in Kern County and, therefore, needs specific acknowledgement from Plaintiff that he wishes to be returned here. 1 1 2 3 4 5 6 conference and his attorney is unable to make this arrangement without a court order, Plaintiff may request the Court issue of the writ for the telephonic appearance, no later than June 23, 2014. IT IS SO ORDERED. Dated: May 27, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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