Harris v. Sexton, et al.

Filing 35

ORDER LIFTING STAY of Proceedings; ORDER VACATING March 26, 2019 Settlement Conference signed by Magistrate Judge Stanley A. Boone on 1/8/2019. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

EARNEST S. HARRIS,

12

Plaintiff,

13
14

v.
SEXON, et al.,

15

Defendants.

16

ORDER LIFTING STAY OF PROCEEDINGS
ORDER VACATING MARCH 26, 2019
SETTLEMENT CONFERENCE

pursuant to 42 U.S.C. § 1983.
This action proceeds on Plaintiff’s conditions of confinement claim against Defendants Sexton,

19
20

Case No.: 1:18-cv-00080-DAD-SAB (PC)

Plaintiff Earnest S. Harris is appearing pro se and in forma pauperis in this civil rights action

17
18

)
)
)
)
)
)
)
)
)
)

Aguirre, Stewart, Lambert, Gutierrez, L. Cellobos, and I. Ramirez.
On December 21, 2018, the Court identified this case as an appropriate case for the post-

21
22

screening ADR (Alternative Dispute Resolution) project, and stayed the action to allow the parties an

23

opportunity to settle their dispute before the discovery process begins. (ECF No. 33.) The Court’s

24

order granted Defendants time to investigate and determine whether to opt out of the post-screening

25

ADR project.

26

///

27

///

28

///
1

On January 7, 2019, Defendants filed a notice to opt out of the early settlement conference.

1
2

(ECF No. 34.) After reviewing the request, the Court finds good cause to grant Defendants’ request.

3

Therefore, the stay is lifted, and the March 26, 2019, settlement conference is vacated. This case is

4

now ready to proceed, and the discovery and scheduling order will issue by way of separate order.

5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

The stay of this action (ECF No. 33) is LIFTED; and

7

2.

The March 26, 2019, settlement conference is VACATED.

8
9
10
11

IT IS SO ORDERED.
Dated:

January 8, 2019
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2