Gann v. Kokor et al

Filing 54

ORDER GRANTING 53 Motion to Opt Out of Settlement Conference; ORDER LIFTING STAY of Proceedings; ORDER Vacating January 13, 2022 Settlement Conference; and ORDER Directing Clerk of Court to Issue Discovery and Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 11/20/2021. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL MARCUS GANN,

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v.

ORDER GRANTING MOTION TO OPT OUT
OF SETTLEMENT CONFERENCE
(ECF No. 53)

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VERA-BROWN,

ORDER LIFTING STAY OF PROCEEDINGS

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Plaintiff,

Case No. 1:18-cv-00084-BAM (PC)

Defendant.

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ORDER VACATING JANUARY 13, 2022
SETTLEMENT CONFERENCE
(ECF No. 50)
ORDER DIRECTING CLERK OF COURT TO
ISSUE DISCOVERY AND SCHEDULING
ORDER

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Plaintiff Nathaniel Marcus Gann (“Plaintiff”) is a state prisoner proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s second

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amended complaint against Defendant Vera-Brown for deliberate indifference to serious medical

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needs in violation of the Eighth Amendment. All parties have consented to Magistrate Judge

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jurisdiction. (ECF No. 52.)

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On October 19, 2021, 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. 50.)

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The Court’s order granted Defendant time to investigate and determine whether to opt out of the
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post-screening ADR project.

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On November 18, 2021, Defendant filed a motion to opt out of the settlement conference

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and request to vacate the settlement conference. (ECF No. 53.) Therefore, the stay is lifted, and

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the January 13, 2022, settlement conference is vacated. This case is now ready to proceed.

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If the parties wish to set a settlement conference with the Court at a later date, they should

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so inform the Court. However, the parties are also reminded that they are not precluded from

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negotiating a settlement without judicial assistance.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Defendant’s motion to opt out of early alternative dispute resolution, (ECF No.
53), is GRANTED;

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2.

The stay of this action, (ECF No. 50), is LIFTED;

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3.

The January 13, 2022 settlement conference is VACATED;

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4.

The Clerk of the Court is DIRECTED to issue a discovery and scheduling order;

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and
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The parties may proceed with discovery pursuant to the discovery and scheduling
order to be issued by separate order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 20, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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