Dickson v. Gomez et al

Filing 93

ORDER REQUIRING Defendants to Respond to Plaintiff's Request for Settlement Conference signed by Magistrate Judge Barbara A. McAuliffe on 3/10/2023. (Sant Agata, S)

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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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GOMEZ, et al.,

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Case No. 1:17-cv-00294-ADA-BAM (PC)
ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S REQUEST FOR
SETTLEMENT CONFERENCE
(ECF No. 92)

Defendants.

TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Christopher Dickson (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds

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against Defendants Gomez, Rios, and Martinez for excessive force in violation of the Eighth

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Amendment and against Defendants Duncan and Esparza for violations of Plaintiff’s Fourteenth

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Amendment due process rights.

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Currently pending before the Court is a motion for summary judgment filed by

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Defendants Esparza and Duncan on the grounds that they did not violate Plaintiff’s Fourteenth

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Amendment due process rights. (ECF No. 83.) Plaintiff’s opposition was filed on December 10,

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2021, and Defendants’ reply was filed on December 16, 2021. (ECF Nos. 88, 89.)

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On March 9, 2023, Plaintiff filed a motion for the Court to set this matter for a video

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settlement conference. (ECF No. 92.) Plaintiff states that although this Court has set this case for

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a settlement conference twice before, Defendants now have new counsel and Plaintiff would like
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to meet and possibly settle this case while Defendants’ motion for summary judgment is pending

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before the Court. (Id.)

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The Court generally will not grant motions to set a settlement conference without

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confirmation that all parties feel that a settlement conference would be a beneficial use of

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resources of the parties and the Court. Therefore, the Court finds it appropriate to obtain a brief

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response from Defendants regarding Plaintiff’s request for a settlement conference, indicating

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whether Defendants are also willing to participate in a settlement conference in this matter. The

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parties are further reminded that they are free to communicate regarding a possible settlement,

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without judicial involvement.

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Accordingly, Defendants are HEREBY ORDERED to file a brief written response to

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Plaintiff’s motion for a settlement conference, (ECF No. 92), within twenty-one (21) days from

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the date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 10, 2023

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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