Dickson v. Gomez et al

Filing 35

ORDER LIFTING STAY; ORDER Vacating November 15, 2019 Settlement Conference; ORDER Directing Clerk to Issue Discovery and Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 10/09/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER DICKSON,

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Plaintiff,

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v.

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G. GOMEZ, et al.

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Defendants.

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Case No.: 1:17-cv-00294-DAD-BAM (PC)
ORDER LIFTING STAY OF PROCEEDINGS
ORDER VACATING NOVEMBER 15, 2019
SETTLEMENT CONFERENCE
(ECF No. 33)
ORDER DIRECTING CLERK TO ISSUE
DISCOVERY AND SCHEDULING ORDER

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Plaintiff Christopher Dickson is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds on Plaintiff’s

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second amended complaint for excessive force against Defendants Gomez, Rios, and Martinez, for

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violations of Plaintiff’s due process rights against Defendants Duncan and Esparza, and for deliberate

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indifference to serious medical needs against Defendant Sao.
On September 11, 2019, the Court identified this case as an appropriate case for the post-

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screening ADR (Alternative Dispute Resolution) project and stayed the action to allow the parties an

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opportunity to settle their dispute before the discovery process begins. (ECF No. 33.) The Court’s

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order granted Defendants time to investigate and determine whether to opt-out of the post-screening

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ADR project.

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On October 8, 2019, Defendants filed a notice to opt-out of the Court’s post-screening ADR

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project and to vacate the settlement conference currently scheduled for November 15, 2019. (ECF No.

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34.) After reviewing the request, the Court finds good cause to grant Defendants’ request. Therefore,

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the stay of this action is lifted, and the November 15, 2019 settlement conference is vacated. This case

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is now ready to proceed.

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Accordingly, IT IS HEREBY ORDERED that:

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The stay of this action, (ECF No. 33), is LIFTED;

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The November 15, 2019 settlement conference is VACATED;

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The Clerk is directed to issue a discovery and scheduling order for this case; and

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The parties may proceed with discovery and the filing of dispositive motions pursuant
to the discovery and scheduling order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 9, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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