Brothers, II v. Buenafe et al
Filing
99
ORDER DENYING without Prejudice Plaintiff's 98 Motion for Settlement Conference signed by Magistrate Judge Helena M. Barch-Kuchta on 09/30/2021. (Flores, E)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AUBREY LEE BROTHERS, II,
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Plaintiff,
v.
CHITA BUENAFE, N. RAMIREZ,
Case No. 1:17-cv-00607-NONE-HBK
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION FOR SETTLEMENT
CONFERENCE
(Doc. No. 98)
Defendants.
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Plaintiff Aubrey Lee Brothers, II, a state prisoner, initiated this action on May 1, 2017 by
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filing a pro se civil rights complaint under 42 U.S.C. § 1983 against Defendants Chita Buenafe
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and N. Ramirez. (Doc. No. 1). Brothers is proceeding on his third amended complaint. (Doc. No.
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24). On May 26, 2021, the Court issued findings and recommendations recommending that
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Defendants’ motion for merits-based summary judgment as to both Defendants be granted and the
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case be closed. (Doc. No. 92). These findings and recommendations have not yet been reviewed
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by the district judge assigned to this case. On September 29, 2021, Brothers filed a motion
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seeking the Court to set a settlement conference. (Doc. No. 98).
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It is the Court’s practice to refer civil rights cases filed by pro se individuals to Alternative
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Dispute Resolution (ADR) to attempt to resolve such cases more expeditiously and less
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expensively. See Local Rule 270. However, because there are findings and recommendations to
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grant Defendants’ motion for summary judgment pending before the district judge, the Court
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finds that it is premature at this time to set a settlement conference. Should this case proceed past
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summary judgment, the Court will refer this case for a settlement conference at that time if
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appropriate. Therefore, Plaintiff’s motion for settlement conference is denied without prejudice.
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Accordingly, it is ORDERED:
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Plaintiff’s motion for settlement conference (Doc. No. 98) is denied without prejudice.
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Dated:
September 30, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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