Villery v. California Department of Corrections, et al.

Filing 109

ORDER VACATING Settlement Conference Set for October 18, 2018; ORDER GRANTING Plaintiff's Motion to Vacate Conference 106 , signed by Magistrate Judge Barbara A. McAuliffe on 9/24/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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8 JARED M. VILLERY,

Case No. 1:15-cv-00987-DAD-BAM (PC)

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ORDER VACATING SETTLEMENT
CONFERENCE SET FOR OCTOBER 18, 2018

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Plaintiff,
v.
JEFFREY BEARD, et al.,

(Doc. No. 106)

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ORDER GRANTING PLAINTIFF’S MOTION
TO VACATE CONFERENCE

Defendants.
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Plaintiff Jared M. Villery is a state prisoner proceeding pro se and in forma pauperis in this

16 civil rights action pursuant to 42 U.S.C. § 1983. This matter is set for a settlement conference
17 before the Honorable Erica P. Grosjean on October 18, 2018.
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On September 17, 2018, Plaintiff filed a motion to vacate the settlement conference, as

19 futile. (Doc. No. 106.) On September 19, 2018, the Court ordered an expedited response to that
20 motion, given the fast-approaching settlement conference date. (Doc. No. 107.) On September 21,
21 2018, defense counsel filed a declaration explaining that the settlement discussions would not likely
22 be meaningful based on recent negotiations and discussions between the parties.
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Therefore, the Court finds that the interest of justice would be served by vacating the

24 October 18, 2018 settlement conference. A conference may be rescheduled later, if appropriate. In
25 the meantime, the Court will address the pending motions in this matter in due course, and will
26 adjust the discovery and scheduling order as necessary, by separate order.
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The Court further notes that this conference was set as part of a joint conference with the

28 parties in Villery v. Jones, et al., Case No. 1:15-cv-01360-DAD-JDP. The Court vacates the portion
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1 of the conference dedicated to this matter only, and this order has no effect on the settlement
2 conference in that case.
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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s motion to vacate settlement conference, filed on September 17, 2018

5 (Doc. No. 106), is granted; and
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2.

The Settlement Conference set for October 18, 2018 before the Honorable Erica P.

7 Grosjean, is vacated for this case only.
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9 IT IS SO ORDERED.
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Dated:

/s/ Barbara

September 24, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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