Bettencourt v. Parks et al

Filing 63

ORDER LIFTING Stay of Proceedings; ORDER VACATING November 10, 2020 Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 10/7/2020. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY RAY BETTENCOURT,

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Plaintiff,

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v.

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Case No. 1:16-cv-00150-DAD-BAM (PC)
ORDER LIFTING STAY OF PROCEEDINGS

PARKER, et al.,

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ORDER VACATING NOVEMBER 10, 2020
SETTLEMENT CONFERENCE
(ECF No. 57)
Defendants.

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Plaintiff Gary Ray Bettencourt (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s claims of deliberate indifference in violation of the Eighth Amendment against

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Defendant Crooks for pulling two teeth that did not need to be pulled, and against Defendants

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Parker and Guzman for filing down six healthy teeth with a dental tool used for drilling cavities.

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On September 9, 2020, the Court identified this case as an appropriate case for the post-

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screening ADR (Alternative Dispute Resolution) project, and stayed the action to allow the

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parties an opportunity to settle their dispute before the discovery process begins. (ECF No. 57.)

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The Court’s order granted Defendants time to investigate and determine whether to opt out of the

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post-screening ADR project.

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On October 6, 2020, Defendants filed a request to opt-out of alternative dispute resolution.
(ECF No. 62.) Defendants state that the parties conferred over the phone, and while both parties
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agreed that a settlement conference could be beneficial, without an opportunity to obtain

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Plaintiff’s dental records, participation in an early settlement conference at this juncture would be

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an inefficient use of Court and party resources. After review, the Court finds good cause to grant

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Defendants’ request. Therefore, the stay is lifted, and the November 10, 2020, settlement is

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vacated. This case is now ready to proceed.

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If the parties wish to set a settlement conference with the Court at a later date, they should

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so inform the Court. However, the parties are also reminded that they are not precluded from

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negotiating a settlement without judicial assistance.

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Accordingly, IT IS HEREBY ORDERED that:

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The stay of this action, (ECF No. 57), is LIFTED;

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The November 10, 2020 settlement conference is VACATED; and

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The parties may proceed with discovery pursuant to the discovery and scheduling

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order to be issued by separate order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 7, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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