Timberland v. Mascarenas et al

Filing 50

ORDER Requiring Parties to Notify Court whether a Settlement Conference would be beneficial,signed by Magistrate Judge Gary S. Austin on 1/6/2020. ( Case Management Deadline: 30-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD TIMBERLAND,
Plaintiff,

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v.

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G. MASCARENAS, et al.,

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Defendants.

1:16-cv-00922-LJO-GSA-PC
ORDER REQUIRING PARTIES TO
NOTIFY COURT WHETHER A
SETTLEMENT CONFERENCE WOULD
BE BENEFICIAL
THIRTY-DAY DEADLINE

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I.

BACKGROUND

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Ronald Timberland (“Plaintiff”) is a 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. Plaintiff filed the

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Complaint commencing this action on June 27, 2016. (ECF No. 1.) This case now proceeds

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with Plaintiff’s Second Amended Complaint filed on June 20, 2018, against defendant G.

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Mascarenas (“Defendant”) for failure to protect Plaintiff in violation of the Eighth Amendment.

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(ECF No. 26.)

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On December 20, 2019, Plaintiff filed a motion for referral of this case to the “Eastern
District ADR Settlement Pilot Program.” (ECF No. 48.)
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II.

SETTLEMENT PROCEEDINGS

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Plaintiff requests referral to an ADR Settlement Pilot Program that was established in the
Eastern District of California in 1991, but is no longer available.

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Presently, the Court is able to refer cases for mediation before a participating United

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States Magistrate Judge. Settlement conferences are ordinarily held in person at the Court or at

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a prison in the Eastern District of California. Plaintiff and Defendant shall notify the Court

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whether they believe, in good faith, that settlement in this case is a possibility and whether they

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are interested in having a settlement conference scheduled by the Court.1

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Defendant’s counsel shall notify the Court whether there are security concerns that would

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prohibit scheduling a settlement conference. If security concerns exist, counsel shall notify the

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Court whether those concerns can be adequately addressed if Plaintiff is transferred for settlement

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only and then returned to prison for housing.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that within thirty (30) days from

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the date of service of this order, Plaintiff and Defendant shall each file a written response to this

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order, notifying the Court whether they believe, in good faith, that settlement in this case is a

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possibility and whether they are interested in having a settlement conference scheduled by the

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Court.2

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IT IS SO ORDERED.
Dated:

January 6, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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The parties may wish to discuss the issue by telephone in determining whether they believe settlement

is feasible.
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2 The issuance of this order does not guarantee referral for settlement, but the Court will make every
reasonable attempt to secure the referral should both parties desire a settlement conference.

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