Gradford v. Stanislaus Public Safety Center et al

Filing 47

ORDER REQUIRING Parties to Notify Court Whether a Settlement Conference Would be Beneficial, signed by Magistrate Judge Gary S. Austin on 8/6/2020. Response due within thirty (30) days. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,
Plaintiff,

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v.

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STANISLAUS PUBLIC SAFETY
CENTER, et al.,

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1:17-cv-01248-DAD-GSA-PC
ORDER REQUIRING PARTIES TO
NOTIFY COURT WHETHER A
SETTLEMENT CONFERENCE WOULD
BE BENEFICIAL
THIRTY-DAY DEADLINE

Defendants.

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I.

BACKGROUND

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

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

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against defendant Sergeant Florres for use of excessive force in violation of the Eighth

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Amendment.

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On October 10, 2019, the Court issued a Discovery and Scheduling Order establishing

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deadlines for the parties, including a discovery deadline of April 10, 2020, and a dispositive

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motion filing deadline of June 10, 2020. (ECF No. 32.) All of the deadlines have now expired

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and no dispositive motions have been filed. No other motions are pending.

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At this stage of the proceedings, the Court ordinarily proceeds to schedule the case for
trial. However, see below.
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II.

SETTLEMENT PROCEEDINGS

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The Court is able to refer cases for mediation before a participating United States

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Magistrate Judge. Settlement conferences are ordinarily held in person at the Court or at a prison

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in the Eastern District of California, however, due to the current Covid 19 situation other

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accommodations can be discussed. Therefore, Plaintiff and Defendant shall notify the Court

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whether they believe, in good faith, that settlement in this case is a possibility and whether they

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are interested in having a settlement conference scheduled by the Court.1

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that within thirty (30) days from

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the date of service of this order, Plaintiff and Defendant shall each file a written response to this

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order, notifying the Court whether they believe, in good faith, that settlement in this case is a

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possibility and whether they are interested in having a settlement conference scheduled by the

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Court.2

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IT IS SO ORDERED.
Dated:

August 6, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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The parties may wish to discuss the issue by telephone in determining whether they believe settlement

is feasible.
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2 The issuance of this order does not guarantee referral for settlement, but the Court will make every
reasonable attempt to secure the referral should both parties desire a settlement conference.

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