Thompson v. Vidurria et al

Filing 36

ORDER Denying Plaintiff's 34 Motion for Mandatory Settlement Conference as Premature signed by Magistrate Judge Stanley A. Boone on 10/15/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRONE THOMPSON,

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Plaintiff,
v.
VIDURRIA, et al.,
Defendants.

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Case No.: 1:14-cv-01896-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
MANDATORY SETTLEMENT CONFERENCE AS
PREMATURE
[ECF No. 34]

Plaintiff Tyrone Thompson is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s request for the Court to refer this case to the pro se
prisoner settlement conference program. Plaintiff’s request must be denied as premature.

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The Federal Rules of Civil Procedure authorize settlement discussions at any pretrial

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conference. Fed. R. Civ. P. 16(c)(I). While federal courts have the authority to require the parties to

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engage in settlement conferences, they have no authority to coerce settlements. Goss Graphic

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Systems, Inc. v. DEV Industries, Inc., 267 F.3d 624, 627 (7th Cir. 2001).

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This action is proceeding on Plaintiff’s claim for deliberate indifference to a serious medical

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need against Defendants Vidurria and Martinez. On June 2, 2015, Defendant Martinez filed a motion

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to dismiss and Defendant Vidurria filed an answer to the complaint. (ECF Nos. 14, 15.) On

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September 1, 2015, the undersigned issued Findings and Recommendations to deny Defendant
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Martinez’s motion to dismiss, and Defendant filed objections on October 1, 2015. (ECF Nos. 31, 33.)

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The Findings and Recommendations are presently pending before the Court. Thus, a settlement

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conference at this time is premature. Plaintiff is advised that if this case survives summary judgment,

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the Court may at that time order the parties to participate in a settlement conference as a matter of

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course. At this time, however, such an order would be premature, and Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.

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Dated:

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October 15, 2015
UNITED STATES MAGISTRATE JUDGE

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