Tran v. Junious et al

Filing 39

ORDER denying 36 Motion for court ordered alternative dispute resolution signed by Magistrate Judge Erica P. Grosjean on 12/28/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 1:14-cv-01320-DAD-EPG (PC)

BINH TRAN,

v.
E. SMITH,

ORDER DENYING PLAINTIFF’S MOTION
FOR COURT ORDERED ALTERNATIVE
DISPUTE RESOLUTION
(ECF NO. 36)

Defendant.

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Binh Tran (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. 1983, which includes a state law claim for common

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law negligence. On December 2, 2016, Plaintiff filed a motion for court ordered alternative

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dispute resolution (“the Motion”). (ECF No. 36).

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Plaintiff asks the Court to order alternative dispute resolution. If that fails, Plaintiff asks
the Court to set a trial date.

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The Court will deny the Motion without prejudice. Plaintiff failed to specify the type of

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alternative dispute resolution that he is seeking. Additionally, if Defendant’s motion to dismiss is

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not granted in full, the Court will set an Initial Scheduling Conference. At that conference the

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Court will discuss with the parties the usefulness of a settlement conference in this case. The

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Court will also set a trial date.

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Accordingly, IT IS ORDERED that the Motion is denied without prejudice.

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IT IS SO ORDERED.
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Dated:

December 28, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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