Randolph v. Lozovoy et al
ORDER DENYING Plaintiff's 36 Motion for Settlement Conference Rescheduling, signed by Magistrate Judge Erica P. Grosjean on 4/16/18. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
COLIN M. RANDOLPH,
R. LOZOVOY, et al.,
Case No. 1:16-cv-01528-DAD-EPG (PC)
ORDER DENYING PLAINITFF’S MOTION
FOR SETTLEMENT CONFERENCE
(ECF NO. 36)
Colin Randolph (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action filed pursuant to 42 U.S.C. § 1983.
A settlement conference was set for April 2, 2018, at 9:30 a.m., before Magistrate Judge
Jennifer L. Thurston. (ECF No. 29). On March 27, 2018, Judge Thurston issued a minute
order vacating the settlement conference. The minute order stated, “In light of the information
contained in the defendants' settlement conference statement that the case is NOT in a
settlement posture and due to the failure of the plaintiff to provide a settlement conference
statement, the settlement conference set on 4/2/2018 is VACATED.” (ECF No. 35).
On April 12, 2018, Plaintiff filed a motion for settlement conference rescheduling.
(ECF No. 36). Plaintiff asks the Court to reschedule the settlement conference, if the Court
feels that having a settlement conference is beneficial or necessary.
The Court will deny Plaintiff’s motion, without prejudice. It does not appear that a
settlement conference would be beneficial at this time.
Judge Thurston cancelled the
conference in part because information in Defendants’ conference statement led her to believe
it would not be fruitful.
The Court will revisit the issue of setting a settlement conference at the Telephonic
Discovery and Status Conference, which is currently set for August 20, 2018. If all parties
believe that scheduling a settlement conference earlier would be beneficial, they may request a
settlement conference by contacting Sujean Park (email@example.com) or Michelle
The case shall proceed according to the schedule issued February 2, 2018. (ECF No.
Accordingly, based on the foregoing, it is HEREBY ORDERED that Plaintiff’s motion
for settlement conference rescheduling is DENIED without prejudice.
IT IS SO ORDERED.
April 16, 2018
UNITED STATES MAGISTRATE JUDGE
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