Michael A. Washington v. Hernandez et al

Filing 25

ORDER DENYING 21 Plaintiff's Motion to Conduct Settlement Negotiations, Without Prejudice signed by Magistrate Judge Barbara A. McAuliffe on 1/3/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. WASHINGTON,
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Plaintiff,
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vs.
R. HERNANDEZ, et al.,
Defendants.

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Case No.: 1:16-cv-01439-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO CONDUCT SETTLEMENT
NEGOTIATIONS, WITHOUT PREJUDICE
(ECF No. 21)

Plaintiff Michael A. Washington is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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Currently before the Court is Plaintiff’s motion requesting that the Court conduct

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settlement negotiations in the interest of justice and to expedite a resolution of this matter, filed

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on December 11, 2017. (ECF No. 21.) On December 14, 2017, the Court ordered Defendants to

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respond to Plaintiff’s motion. (ECF No. 22.) On December 28, 2017, defense counsel filed a

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declaration on behalf of Defendants in response. (ECF No. 24.) The Court finding no reply

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necessary at this time, the motion is deemed submitted. Local Rule 230(l.)

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Defense counsel has suggested a willingness to participate in settlement negotiations, but

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states that the parties have not yet begun any talks and Plaintiff has not sent any settlement

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demand to defense counsel. As a result, defense counsel is not certain whether the parties have

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the reasonable ability to reach a compromise on this matter. Defense counsel also states that if a

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settlement conference is scheduled before the Court, security and convenience would best be

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served by holding the conference at the district courthouse in Fresno, California.

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Based on the foregoing, the Court finds that it is not appropriate to schedule a settlement

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conference at this time. The parties are encouraged to engage in reasonable settlement

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negotiations between themselves. Should the parties agree that their negotiations would benefit

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from the assistance of the Court, defense counsel may contact the undersigned’s Courtroom

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Deputy, Harriet Herman, at [phone] or via email at [e-mail], to

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request a judge-led settlement conference.

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Accordingly, Plaintiff’s motion to conduct settlement negotiations, filed on December 11,
2017 (ECF No. 21) is DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 3, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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