Manago v. Davey et al

Filing 102

ORDER GRANTING 99 Motion to Vacate Settlement Conference and Lift Stay; ORDER VACATING Settlement Conference and Lifting Stay of Proceedings; ORDER REOPENING Discovery and Setting New Deadlines for Discovery and the Filing of Dispositive Motions,signed by Magistrate Judge Gary S. Austin on 12/11/17. (Discovery due by 2/28/2018, Dispositive Motions filed by 4/30/2018) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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vs.

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D. DAVEY, et al.,

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Defendants.

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ORDER GRANTING MOTION TO VACATE
SETTLEMENT CONFERENCE AND LIFT
STAY
(ECF No. 99.)
ORDER VACATING SETTLEMENT
CONFERENCE AND LIFTING STAY OF
PROCEEDINGS
VACATED:

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Settlement Conference scheduled for
January 18, 2018 at 9:30 a.m. (BAM)

ORDER REOPENING DISCOVERY AND
SETTING NEW DEADLINES FOR
DISCOVERY AND THE FILING OF
DISPOSITIVE MOTIONS

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New Discovery Deadline:

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February 28, 2018

New Dispositive Motions Deadline: April 30, 2018

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1:16-cv-00399-LJO-GSA-PC

I.

BACKGROUND

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Stewart Manago (“Plaintiff”) is a former state prisoner proceeding pro se and in forma

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pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now

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proceeds with the First Amended Complaint filed on April 18, 2016, against defendants J.

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Acevedo, D. Davey, A. Maxfield, E. Razo, M.V. Sexton, A. Valdez, and J. Vanderpoel

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(collectively, “Defendants”), on Plaintiff’s First Amendment retaliation claims. (ECF No. 13.)
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On September 19, 2017, the court issued an order scheduling a settlement conference at

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the court before Magistrate Judge Barbara A. McAuliffe, scheduled on January 18, 2018, at

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9:30 a.m. (ECF No. 96.) On September 25, 2017, the court stayed all proceedings in this case

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pending the results of the settlement conference. (ECF No. 98.)

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On November 17, 2017, Plaintiff filed a motion to vacate the settlement conference and

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lift the stay. (ECF No. 99.) On November 20, 2017, Defendants filed a response to the motion.

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(ECF No. 100.)

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II.

PLAINTIFF’S MOTION

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Plaintiff requests the court to vacate the settlement conference because “the assigned

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Deputy Attorney General failed to act in ‘good faith.’” (ECF No. 99.) Plaintiff does not wish

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to pursue settlement with the court’s intervention at this time and asserts that he does not have

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funds to travel to court.

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Defendants respond that they wish to proceed with the settlement conference. They

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believe this case may be resolved for a reasonable sum and they intend to attend the settlement

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conference ready to negotiate in good faith. Defendants point out that if this case does not

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proceed to settlement, Plaintiff will nonetheless be required to travel to Fresno during the

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course of this litigation.

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The court shall not proceed with a settlement conference without the willingness of all

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parties to attend and negotiate. Therefore, Plaintiff’s motion shall be granted. The court shall

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vacate the settlement conference and lift the stay of proceedings in this case.

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III.

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion, filed on November 17, 2017, is GRANTED;

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2.

The settlement conference scheduled for January 18, 2018, at 9:30 a.m. before

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Magistrate Judge Barbara A. McAuliffe is VACATED;

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3.

The stay of proceedings in this case is LIFTED;

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4.

Discovery is now reopened with a new deadline of February 28, 2018, for the

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parties to complete discovery, including the filing of motions to compel;
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5.

Pursuant to the court’s order of September 6, 2017, and Plaintiff’s RFP set three,

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No. 1, Defendants are required to produce, within thirty days of the date of

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service of this order, Lieutenant Donnahue’s July 2, 2004, confidential

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memorandum, after Defendants have redacted names and other sensitive or

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confidential information they determine will cause safety and security concerns

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if released; and

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6.

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The deadline for the parties to file pretrial dispositive motions is extended from
December 6, 2017, to April 30, 2018.

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IT IS SO ORDERED.
Dated:

December 11, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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