Estrada v. California Correctional Institution et al

Filing 32

ORDER DIRECTING Parties to Inform the Court whether a Settlement Conference is Feasible and would be Beneficial in this Case signed by Magistrate Judge Stanley A. Boone on 11/16/2020.(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS ESTRADA,

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Plaintiff,
v.
CALIFORNIA CORRECTIONAL
INSTITUTION, et al.,
Defendants.

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Case No.: 1:18-cv-00599-AWI-SAB (PC)
ORDER DIRECTING PARTIES TO INFORM
THE COURT WHETHER A SETTLEMENT
CONFERENCE IS FEASIBLE AND WOULD BE
BENEFICIAL IN THIS CASE

Plaintiff Nicholas Estrada is a former state prisoner appearing pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
This action is proceeding against Defendants Bounville and Sullivan for deliberate indifference
to a serious medical need in violation of the Eighth Amendment.

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On August 19, 2020, Defendants filed an answer to the complaint. (ECF No. 24.)

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On August 20, 2020, the Court stayed the case and scheduled a settlement conference on

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October 14, 2020, before Magistrate Judge Barbara A. McAuliffe. (ECF No. 25.)
On September 17, 2020, the Court issued an order requiring the parties to appear remotely at

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the settlement conference due to the coronavirus outbreak. (ECF No. 26.) In this order, Plaintiff was

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advised that he could appear by video, if he has access to a device with an internet connection and a web

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camera, or he could appear by telephone. (Id.)

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Plaintiff did not appear for the October 14, 2020 settlement conference or otherwise

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communicate with the Court. Therefore, on this same date, the Court issued an order for Plaintiff to

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show cause why the action should not be dismissed for failure to comply with a court order and failure

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to prosecute the action. (ECF No. 29.)
Plaintiff filed a response to the order to show cause on October 29, 2020. (ECF No. 30.) In his

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response, Plaintiff indicated that his parole was revoked and he did not have access to a telephone or

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other device to communicate with the Court. (Id.) Based on Plaintiff response, the Court vacated the

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order to show cause on October 30, 2020. (ECF No. 31.)
It is HEREBY ORDERED that within twenty (20) days from the date of service of this order,

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the parties shall notify the Court whether a remote settlement conference is feasible, and whether they

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believe, in good faith, that settlement in this case is a possibility and are interested in having a

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settlement conference scheduled by the Court.

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IT IS SO ORDERED.

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Dated:

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November 16, 2020
UNITED STATES MAGISTRATE JUDGE

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