Matthews v. Holland

Filing 40

ORDER DENYING Plaintiff's Request to Schedule a Settlement Conference without Prejudice signed by Magistrate Judge Sheila K. Oberto on 6/16/2017. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

IVAN LEE MATTHEWS,

10

Plaintiff,

11
12
13

v.
HOLLAND, et al.,

Case No. 1:14-cv-01959-DAD-SKO (PC)
ORDER DENYING PLAINTIFF’S REQUEST TO
SCHEDULE A SETTLEMENT CONFERENCE
WITHOUT PREJUDICE
(Docs. 38, 39)

Defendants.

14
15

Plaintiff, Ivan Lee Matthews, is proceeding pro se and in forma pauperis in this civil

16

rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s First Amended Complaint has been served

17

on Defendants who filed their answer. On April 26, 2017, the Discovery and Scheduling Order

18

issued, providing a deadline for the filing of dispositive motions on or before March 5, 2018.

19

(Doc. 28.) On June 7, 2017, Plaintiff filed two documents requesting that a settlement conference

20

be scheduled and setting forth his proposed settlement terms. (Docs. 38, 39.)

21

The Court will not expend its limited resources on a settlement conference at this juncture

22

in the case unless both sides believe it would be beneficial. At this stage, the defendants are

23

researching the relevant issues and assessing the merit of the claims against them as well as any

24

affirmative defenses. Generally, the Court will solicit the parties’ positions and set a settlement

25

conference following a ruling on dispositive motions, if appropriate.

26

In the meantime, the parties are encouraged to meet and confer regarding a possible

27

resolution of the case. Plaintiff may serve Defendants with an offer of settlement at any time. If

28

both sides believe a settlement conference would be beneficial before a ruling on dispositive

1

1

motions, they are encouraged to inform the Court so that the Court can accommodate their

2

request.
Based on the foregoing, it is HEREBY ORDERED that Plaintiff’s request for a

3
4

settlement conference is DENIED without prejudice.

5
6
7
8

IT IS SO ORDERED.
Dated:

June 16, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.