Bird v. Zuniga et al

Filing 50

ORDER GRANTING 49 Request to Vacate Settlement Conference; ORDER VACATING 48 Settlement Conference and Order and Writ of Habeas Corpus Ad Testificandum; Dispositional Documents Due By March 29, 2017, signed by Magistrate Judge Michael J. Seng on 3/17/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL BIRD,

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CASE NO. 1:15-cv-00910-DAD-MJS (PC)
Plaintiff,

v.

ORDER GRANTING REQUEST TO
VACATE SETTLEMENT CONFERENCE

A. ZUNIGA, et al.,
(ECF NO. 49.)
Defendants.

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ORDER VACATING SETTLEMENT
CONFERENCE AND ORDER AND WRIT
OF HABEAS CORPUS AD
TESTIFICANDUM

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(ECF NO. 48)

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DISPOSITIONAL DOCUMENTS DUE BY
MARCH 29, 2017

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 42 U.S.C. § 1983. On January 19, 2017, the Court set
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this matter for a settlement conference on March 30, 2017 (ECF No. 44), and
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subsequently issued an order and writ of habeas corpus ad testificandum to transport
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Plaintiff to the settlement conference (ECF No. 48).
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Before the Court is Defendant’s notice of conditional settlement and request to

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vacate settlement conference. (ECF No. 49.) Therein, defense counsel states that the
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parties have reached an agreement to settle the action, pending approval by the
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Warden. Counsel anticipates that dispositional documents will be filed before March 29,
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2017. Accordingly, he requests that the settlement conference be vacated.
Based on the parties’ conditional settlement, it is HEREBY ORDERED that:
1. Defendant’s request to vacate the settlement conference (ECF No. 49) is

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GRANTED;

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2. The March 30, 2017 settlement conference and related order and writ of

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habeas corpus ad testificandum (ECF No. 48) are VACATED;

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3. The parties shall file dispositional documents on or before March 29, 2017;

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4. Absent the timely filing of dispositional documents, the Court shall set a

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further schedule for litigation of this action.

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IT IS SO ORDERED.
Dated:

March 17, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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