Williams v. Bell et al

Filing 44

ORDER DENYING 43 Motion to Attend Settlement Conference by video, signed by Magistrate Judge Barbara A. McAuliffe on 06/22/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN WESLEY WILLIAMS,

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Plaintiff,

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v.

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C. BELL, et al.,

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Defendants.

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Case No. 1:16-cv-01584-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
ATTEND SETTLEMENT CONFERENCE BY
VIDEO
[ECF No. 43]

Plaintiff John Wesley Williams is appearing pro se in this civil rights action pursuant to 42
U.S.C. § 1983.
This case is currently set for settlement conference before the undersigned on July 18, 2018, at
8:30 a.m., at the United States Courthouse in Fresno, California.
On June 21, 2018, Plaintiff filed a motion requesting that he be allowed to appear at the

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settlement conference by video. (ECF No. 43.) Plaintiff asserts that he is undergoing therapeutic

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treatment and a transfer from his current institution will disturb such treatment.

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Generally, the Court allows inmates to appear telephonically for pretrial proceedings; however,

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the Court finds that settlement conferences are not productive without the ability to have face to face

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contact with the participants. Therefore, the Court requires the parties to personally appear for

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settlement conferences. The Court’s past experience has demonstrated that the California Department

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of Corrections telephone and/or video conferencing system can be unreliable; and therefore it is
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insufficient for the purposes of conducting a settlement conference. Thus, the Court finds that it is not

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practicable to allow an inmate to appear by telephone or video at a settlement conference.

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Plaintiff is advised that unless he chooses to dismiss his lawsuit, he is obligated to litigate this

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action which may necessitate, among other things, transportation from his institution to the court or

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other locations for proceedings. Plaintiff will only be transferred for a short period of time and will be

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returned to R.J. Donvovan Correctional Facility as soon as feasible.

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Accordingly, Plaintiff’s request to attend the settlement conference by video (ECF No. 43), is
DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 22, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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