Felder v. Henson et al

Filing 61

ORDER DENYING Plaintiff's 60 Request to Schedule a Settlement Conference without Prejudice signed by Magistrate Judge Jennifer L. Thurston on 1/10/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY E. FELDER, 12 Plaintiff, 13 v. 14 HENSON, et al., 15 Case No. 1:13-cv-01622-AWI-JLT (PC) ORDER DENYING PLAINTIFF’S REQUEST TO SCHEDULE A SETTLEMENT CONFERENCE WITHOUT PREJUDICE (Doc. 60) Defendants. 16 17 Plaintiff’s Second Amended Complaint has been served on Defendants who filed their 18 answer, denying liability. On December 12, 2016, the Discovery and Scheduling Order issued, 19 providing a deadline for the filing of dispositive motions on or before July 13, 2017. (Doc. 58.) 20 On January 3, 2017, Plaintiff filed a motion requesting that a settlement conference be set as he 21 believes the evidence is “overwhelmingly in Plaintiff’s favor” and that a settlement conference 22 would save “time and resources.” (Doc. 60.) 23 However, the Court will not expend its limited resources on a settlement conference this 24 early in an action unless both sides believe one would be beneficial. Seemingly, the defendants 25 do not concur in the plaintiff’s opinion that there are no defenses to the action. Moreover, it 26 would seem to beneficial to the plaintiff to conduct some discovery to determine whether the 27 defenses have merit before deciding that his case cannot be lost. In any event, the plaintiff may 28 serve Defendants with an offer of settlement at any time. Further, if both sides desire scheduling 1 1 of a settlement conference, they may jointly request one. However, the Court will not schedule a 2 settlement conference at this early stage absent such indication from all parties. 3 4 Accordingly, the Court ORDERS that Plaintiff’s request for a settlement conference is DENIED without prejudice. 5 6 7 IT IS SO ORDERED. Dated: January 10, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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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