Perkins v. Martinez et al

Filing 25

ORDER VACATING December 4, 2018 Settlement Conference, VACATING Writ of Habeas Corpus Ad Testificandum, and Re-Scheduling Settlement Conference for February 14, 2019 signed by Magistrate Judge Stanley A. Boone on 11/14/2018. Settlement Conference set for 2/14/2019 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALONZO RAYSHAWN PERKINS,

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Plaintiff,
v.
A. MARTINEZ, et al.,
Defendants.

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Case No.: 1:18-cv-00501-SAB (PC)
ORDER VACATING DECEMBER 4, 2018
SETTLEMENT CONFERENCE, VACATING
WRIT OF HABEAS CORPUS AD
TESTIFICANDUM, AND RE-SCHEDULING
SETTLEMENT CONFERENCE FOR FEBRUARY
14, 2019, AND DIRECTING CLERK OF COURT
TO SERVE COPY OF THIS ORDER ON
LITIGATION COORDINATOR AT CALIFORNIA
STATE PRISON, CORCORAN
[ECF Nos. 18, 20, 24]

Plaintiff Alonzo Rayshawn Perkins is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On October 12, 2018, the Court issued an order referring this case to the Court’s Alternative

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Dispute Resolution Program, set the case for a settlement conference on December 4, 2018, before

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Magistrate Judge Barbara A. McAuliffe, and stayed the case for ninety days. (ECF No. 25.) The

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Court advised defense counsel that counsel could opt-out of the settlement conference with thirty days.
On November 9, 2018, defense counsel filed a request to reset the settlement conference for

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ninety days. (ECF No. 24.) Defense counsel, Allison M. Low, indicates that she recently received

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reassignment of this case and has not had the opportunity to review the substantive case evaluation

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already completed nor determine what more must be done to be prepared to discuss the claims,

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defenses, and damages at a settlement conference. (Declaration of Allison M. Low ¶ 4.)
Based on the showing of good cause, the Court will vacate the December 4, 2018, settlement

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conference and reschedule the conference for February 14, 2019, at 9:30 a.m. before Magistrate

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Judge Barbara A. McAuliffe, and stay the case for 120 days. The Court will issue the necessary

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transportation writ in due course.

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Accordingly, it is HEREBY ORDERED that:

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1.

The settlement conference set for December 4, 2018, is VACATED;

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2.

The writ of habeas corpus ad testificandum is VACATED;

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3.

This case is STAYED for 120 days to allow the parties an opportunity to settle their

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dispute before the discovery process begins;
4.

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The settlement conference is rescheduled for February 14, 2019, at 9:30 a.m. before

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Magistrate Judge Barbara A. McAuliffe, in Courtroom 8 (BAM) at the United States Courthouse

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located at 2500 Tulare Street, Fresno, California;
5.

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The parties shall provide a confidential statement on or before February 7, 2019, as set

forth in the Court’s October 12, 2018, order;
6.

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If defense counsel wishes to “opt-out” of this settlement, counsel must do so within

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sixty (60) days of this order by filing a “Notice of Opt-Out and Request to Vacate Settlement

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Conference”; and

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7.

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All other provisions of the Court’s October 12, 2018, order remain in full force and

effect.

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IT IS SO ORDERED.

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Dated:

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November 14, 2018
UNITED STATES MAGISTRATE JUDGE

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