Stewart v. Holland et al

Filing 58

ORDER DENYING Plaintiff's 55 Motion for Sanctions Against Defendants for Violating Orders, Denying Plaintiff a Settlement or Fair Settlement Conference signed by Magistrate Judge Barbara A. McAuliffe on 3/5/2018. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 TRACY STEWART, 10 11 12 13 Plaintiff, v. K. HOLLAND, et al., Defendants. Case No.: 1:14-cv-00322-DAD-BAM (PC) ORDER DENYING PLAINTIFF’ S MOTION FOR SANCTIONS AGAINST DEFENDANTS FOR VIOLATING ORDERS, DENYING PLAINTIFF A SETTLEMENT OR FAIR SETTLEMENT CONFERENCE (ECF No. 55) 14 15 16 17 18 19 Plaintiff Tracy Stewart is a state prisoner who is currently proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 8, 2018, a settlement conference was held before Magistrate Judge Stanley A. Boone in this matter. (ECF No. 52.) The case did not settle. Currently before the Court is Plaintiff’s motion for sanctions for Defendants violation of 20 orders issued by the Court, denying Plaintiff a settlement or fair settlement conference, filed on 21 February 26, 2018. (ECF No. 55.) Plaintiff asserts that Defendants violated this Court’s orders 22 because they did not make a sufficient offer at the conference, based on their assertion of a 23 defense to some of Plaintiff’s claims. Thus, Plaintiff asserts that Defendants did not come with 24 sincere intentions to settle all claims, and the conference wasted time and resources. Plaintiff also 25 expresses dissatisfaction with the manner in which the settlement judge conducted negotiations. 26 Plaintiff has not shown a violation of the Court’s orders, nor does the Court otherwise find 27 sufficient grounds here to sanction Defendants. Full and candid settlement discussions, made in 28 good faith, are encouraged by the Court. The discussion of potential defenses during the 1 1 settlement conference does not show any bad faith by Defendants. Such discussions commonly 2 occur during settlement negotiations. Further, the specifics of how the conference shall be 3 conducted are for the settlement judge to decide. In sum, Plaintiff has not carried his burden to 4 show that sanctions should be issued here. 5 6 Accordingly, Plaintiff’s motion for sanctions, filed on February 26, 2018 (ECF No. 55), is HEREBY DENIED. 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara March 5, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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