Davis v. State of California et al
Filing
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ORDER LIFTING STAY of Proceedings; ORDER VACATING October 8, 2019 Settlement Conference 25 , signed by Magistrate Judge Barbara A. McAuliffe on 8/8/2019. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JEROME MARKIEL DAVIS,
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Plaintiff,
v.
Case No. 1:18-cv-00832-DAD-BAM (PC)
ORDER LIFTING STAY OF PROCEEDINGS
ORDER VACATING OCTOBER 8, 2019
SETTLEMENT CONFERENCE
STATE OF CALIFORNIA, et al.,
(ECF No. 25)
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Defendants.
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Plaintiff Jerome Markiel Davis (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
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Plaintiff’s complaint against Defendant Roberts in her individual capacity for deliberate
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indifference in violation of the Eighth Amendment, arising from the alleged incident of food
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tampering.
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On July 10, 2019, 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. 25.)
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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 August 7, 2019, Defendant filed a notice of opt-out and request to vacate settlement
conference. (ECF No. 28.) After reviewing the request, the Court finds good cause to grant
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Defendant’s request. Therefore, the stay is lifted, and the October 8, 2019, settlement conference
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is vacated. This case is now ready to proceed.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The stay of this action, (ECF No. 25), is LIFTED;
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2.
The October 8, 2019, settlement conference is vacated; and
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3.
The parties may proceed with discovery pursuant to the discovery and scheduling
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order to be issued by separate order.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
August 8, 2019
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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