(PC) Lane v. Beach

Filing 32

ORDER REQUIRING Parties to Notify Court Whether a Settlement Conference would be Beneficial; Thirty Day Deadline signed by Magistrate Judge Gary S. Austin on 11/17/2022. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EVERETTE LANE,

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Plaintiff,

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vs.
DR. BEACH,

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Defendant.

1:20-cv-00147-JLT-GSA-PC
ORDER REQUIRING PARTIES TO
NOTIFY COURT WHETHER A
SETTLEMENT CONFERENCE WOULD
BE BENEFICIAL
THIRTY-DAY DEADLINE

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I.

BACKGROUND

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Everette Lane (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on January 29, 2020. (ECF No. 1.) This case now proceeds with the

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First Amended Complaint, filed on April 19, 2021, against defendant Dr. Beach for deliberate

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indifference in violation of the Eighth Amendment. (ECF No. 12.)

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On March 30, 2022, the Court issued a Discovery and Scheduling Order establishing

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deadlines for the parties, including a discovery deadline of August 30, 2022, and a dispositive

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motion filing deadline of October 30, 2022. (ECF No. 24.) All of the deadlines have now expired

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and no dispositive motions have been filed. No other motions are pending. At this stage of the

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proceedings the Court ordinarily proceeds to schedule the case for trial.
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II.

SETTLEMENT PROCEEDINGS

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The Court is able to refer cases for mediation before a participating United States

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Magistrate Judge. Settlement conferences are ordinarily held in person at the Court or at a prison

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in the Eastern District of California. Plaintiff and Defendant shall notify the Court whether they

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

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in having a settlement conference scheduled by the Court.1

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Defendant’s counsel shall notify the Court whether there are security concerns. If security

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concerns exist, counsel shall notify the Court whether those concerns can be adequately

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addressed if Plaintiff is transferred for settlement only and then returned to prison for housing.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that within thirty (30) days from

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the date of service of this order, Plaintiff and Defendant shall each file a written response to this

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order, notifying the Court whether they believe, in good faith, that settlement in this case is a

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possibility and whether they are interested in having a settlement conference scheduled by the

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Court.2

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IT IS SO ORDERED.
Dated:

November 17, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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The parties may wish to discuss the issue by telephone in determining whether they believe
settlement is feasible.
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The issuance of this order does not guarantee referral for settlement, but the Court will make
every reasonable attempt to secure the referral should both parties desire a settlement conference.

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