Bird v. Zuniga et al
Filing
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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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