Gradford v. McDougall et al

Filing 56

ORDER denying Plaintiff's 53 Motion to submit settlement documents to court signed by Magistrate Judge Gary S. Austin on 10/18/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,

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Plaintiff,
v.

1:17-cv-00201-DAD-GSA-PC
ORDER DENYING PLAINTIFF’S
MOTION TO SUBMIT SETTLEMENT
DOCUMENTS TO COURT
(ECF No. 53.)

MCDOUGALL, et al.,

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Defendants.

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William J. Gradford (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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

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Plaintiff’s initial complaint, filed on February 13, 2017, against defendants Tiexiera and

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McCarthy (“Defendants”) for retaliation in violation of the First Amendment. (ECF No. 1.)

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On September 26, 2018, Plaintiff filed a request to submit settlement documents to the

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court and to Defendants. (ECF No. 53.) Because of Plaintiff’s apparent willingness to settle

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this case, the court issued an order on October 15, 2018, requiring the parties to notify the court

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whether a settlement conference would be beneficial. (ECF No. 54.) On October 17, 2018,

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Defendants responded to the court’s order stating that they do not believe a settlement

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conference would be beneficial and would prefer that a settlement conference not be scheduled.

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(ECF No. 55.)
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The court will not schedule a settlement conference unless all parties are willing to

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attend and participate in the settlement conference in good faith. Given that Defendants do not

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believe that a settlement conference would be beneficial at this juncture, the court shall not

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schedule a settlement conference at this time.

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settlement documents to the court shall be denied. However, Plaintiff is not precluded from

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working directly with Defendants to negotiate settlement of this case.

Therefore, Plaintiff’s request to submit

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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September 26, 2018, is DENIED, without prejudice to renewal of the request at

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Plaintiff’s request to submit settlement documents to the court, filed on

a later stage of the proceedings; and
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The parties are not precluded from working directly together, without the court’s
assistance, to negotiate settlement of this case.

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IT IS SO ORDERED.
Dated:

October 18, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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