Garcia v. Garcia, et al.

Filing 25

ORDER lifting Stay of Proceedings and ORDER vacating 2/28/2019 Settlement Conference 20 signed by Magistrate Judge Stanley A. Boone on 12/11/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCO A. GARCIA,

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Plaintiff,

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v.

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Case No. 1:17-cv-01313-LJO-BAM (PC)
ORDER LIFTING STAY OF PROCEEDINGS

GARCIA, et al.,

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ORDER VACATING FEBRUARY 28, 2019
SETTLEMENT CONFERENCE
(ECF No. 20)
Defendants.

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Plaintiff Marco A. Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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

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Plaintiff’s complaint against Defendants Garcia and Bursiaga for excessive force in violation of

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the Eighth Amendment.

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On November 20, 2018, 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

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parties an opportunity to settle their dispute before the discovery process begins. (ECF No. 20.)

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The Court’s order granted Defendants time to investigate and determine whether to opt out of the

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post-screening ADR project.

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On December 10, 2018, Defendants filed a declaration of counsel in support of a notice to

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opt out of the early settlement conference. (ECF No. 24.) After reviewing the request, the Court

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finds good cause to grant Defendants’ request. Therefore, the stay is lifted, and the February 28,
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2019, settlement conference is vacated. This case 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. 20) is LIFTED;

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The February 28, 2019, settlement conference is vacated; and

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The parties may proceed with discovery pursuant to the discovery and scheduling

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order to be issued by separate order.

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IT IS SO ORDERED.
Dated:

December 11, 2018
UNITED STATES MAGISTRATE JUDGE

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