Williams v. Pfieffer, et al.

Filing 49

ORDER Denying Plaintiff's Request Filed Under Seal re 46 ; ORDER Resetting Settlement Conference; Fourteen Day Deadline, signed by Magistrate Judge Barbara A. McAuliffe on 10/9/18. Settlement Conference set for 12/6/2018 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONALD LEE WILLIAMS,

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Plaintiff,

Case No. 1:17-cv-00549-AWI-EPG (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FILED UNDER SEAL

v.
(ECF No. 46)
C. PFIEFFER, et al.,
Defendants.

ORDER RESETTING SETTLEMENT
CONFERENCE
Date: December 6, 2018
Time: 9:30 a.m.
FOURTEEN (14) DAY DEADLINE

Plaintiff Donald Lee Williams (“Plaintiff”) is a state prisoner proceeding with counsel in

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this civil rights action pursuant to 42 U.S.C. § 1983. This case was referred to the undersigned

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for a settlement conference on October 30, 2018, at 9:30 a.m., at the United States District

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Courthouse in Fresno, California. (ECF No. 40.)

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On September 28, 2018, Plaintiff filed a request, under seal, for housing limitations to be

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included in the Court’s transport order, or for alternative relief. (ECF Nos. 43, 46.) Defendants

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filed a response on October 4, 2018. (ECF No. 48.)

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For the reasons stated in Defendants’ response, the Court agrees that Plaintiff has not

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provided sufficient legal or factual support for the requested relief. In addition, with respect to

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the alternative relief requested, the Court has found that due to the unreliability of the available
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technology, such relief is not practicable for the purposes of conducting a settlement conference.

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Absent exigent circumstances, which have not been presented here, the Court generally will not

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grant such a request in the context of a settlement conference.

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The Court notes that a settlement conference before the undersigned is voluntary in this

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instance. If, in light of this order, Plaintiff chooses not to appear at the settlement conference, the

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parties’ counsel may continue to conduct settlement discussions without the involvement of the

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Court.

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Finally, to permit Plaintiff an opportunity to respond to the Court’s order, the settlement

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conference is reset for December 6, 2018 at 9:30 a.m. before the undersigned. As noted, if the

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parties or counsel are unable or unwilling to appear on this date, counsel are free to engage in

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settlement discussions at any time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request filed under seal, (ECF No. 46), is DENIED;

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2. This matter is set for a settlement conference on December 6, 2018, at 9:30 a.m.

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before the undersigned;

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3. Plaintiff shall file a response within fourteen (14) days of the date of service of this

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order indicating whether the new settlement conference date should be vacated.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 9, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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