McCurdy v. Kernan et al

Filing 96

ORDER DENYING 90 Plaintiff's Motion for Court Ordered Settlement Conference and DIRECTING Parties to Submit Potential Trial Dates, signed by Magistrate Judge Stanley A. Boone on 3/10/2021. Parties shall submit potential dates upon which the jury trial may be held within twenty-one (21) days. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES C. McCURDY,

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Plaintiff,

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v.
S. KERNAN, et al.,

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Defendants.

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Case No.: 1:17-cv-01356-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR COURT ORDERED SETTLEMENT
CONFERENCE AND DIRECTING PARTIES TO
SUBMIT POTENTIAL TRIAL DATES
(ECF No. 90)

Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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This case is currently set for jury trial before the undersigned on May 4, 2021.

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On February 19, 2021, Plaintiff filed a motion for a court ordered settlement conference. (ECF

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No. 90.) Pursuant to court order, Defendant filed a response and submits that a settlement conference

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will not be beneficial in this case. (ECF No. 95.) Based on Defendant’s response, Plaintiff’s motion

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for a court ordered settlement conference shall be denied. In addition, the parties are advised that due

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to the COVID-19 pandemic, the Court cannot safely conduct a jury trial on May 4, 2021, and it must

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therefore be continued. Therefore, the parties are directed to coordinate and submit potential dates

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upon which the jury trial may be held.

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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s motion for a court ordered settlement conference is denied; and

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2.

Within twenty-one (21) days from the date of service of this order, the parties shall
submit potential dates upon which the jury trial may be held.

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IT IS SO ORDERED.

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Dated:

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March 10, 2021
UNITED STATES MAGISTRATE JUDGE

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