Hazeltine v. Hicks et al
Filing
83
ORDER Requiring Parties to Notify Court whether a Settlement Conference would be Beneficial,signed by Magistrate Judge Gary S. Austin on 01/8/18. (30-Day Deadline) (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICK HAZELTINE,
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Plaintiff,
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vs.
FRANCES HICKS, et al.,
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1:14-cv-00056-DAD-GSA-PC
ORDER REQUIRING PARTIES TO NOTIFY
COURT WHETHER A SETTLEMENT
CONFERENCE WOULD BE BENEFICIAL
THIRTY-DAY DEADLINE
Defendants.
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I.
RELEVANT PROCEDURAL HISTORY
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Rick Hazeltine (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis
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with this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds with
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Plaintiff’s First Amended Complaint filed on July 6, 2015, on the following claim: Excessive
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force in violation of the Fourteenth Amendment against defendants Ian Young, Benjamin
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Gamez, Rashaun Casper, Julius Oldan, Porfirio Sanchez Negrete, David Avilia, Rickey Smith,
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and Charles Ho (collectively “Defendants”). (ECF No. 27.)
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On June 8, 2017, the court issued an order re-opening discovery until July 14, 2017, for
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Plaintiff to file a motion to compel, and extended the dispositive motions deadline to
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September 31, 2017. (ECF No. 70.)
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compel, which was resolved on November 8, 2017, and the deadline for filing dispositive
On July 10, 2017, Plaintiff filed a timely motion to
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motions has expired.
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schedule the case for trial.
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II.
At this stage of the proceedings, the Court ordinarily proceeds to
SETTLEMENT PROCEEDINGS
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The Court is able to refer cases for mediation before a participating United States
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Magistrate Judge. Settlement conferences are ordinarily held in person at the Court or at a
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prison in the Eastern District of California. Plaintiff and Defendants shall notify the Court
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whether they believe, in good faith, that settlement in this case is a possibility and whether they
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are interested in having a settlement conference scheduled by the Court.1
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Defendants= counsel shall notify the Court whether there are security concerns that
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would prohibit scheduling a settlement conference. If security concerns exist, counsel shall
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notify the Court whether those concerns can be adequately addressed if Plaintiff is transferred
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for settlement only and then returned to prison for housing.
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III.
CONCLUSION
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Based on the foregoing, IT IS HEREBY ORDERED that within thirty (30) days from
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the date of service of this order, Plaintiff and Defendants shall file a written response to this
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order.2
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IT IS SO ORDERED.
Dated:
January 8, 2018
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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The parties may wish to discuss the issue by telephone in determining whether they believe settlement
is feasible.
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The issuance of this order does not guarantee referral for settlement, but the Court will make every
reasonable attempt to secure the referral should both parties desire a settlement conference.
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