(PC) Lane v. Beach
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER REQUIRING PARTIES TO
NOTIFY COURT WHETHER A
SETTLEMENT CONFERENCE WOULD
Everette Lane (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint
commencing this action on January 29, 2020. (ECF No. 1.) This case now proceeds with the
First Amended Complaint, filed on April 19, 2021, against defendant Dr. Beach for deliberate
indifference in violation of the Eighth Amendment. (ECF No. 12.)
On March 30, 2022, the Court issued a Discovery and Scheduling Order establishing
deadlines for the parties, including a discovery deadline of August 30, 2022, and a dispositive
motion filing deadline of October 30, 2022. (ECF No. 24.) All of the deadlines have now expired
and no dispositive motions have been filed. No other motions are pending. At this stage of the
proceedings the Court ordinarily proceeds to schedule the case for trial.
The Court is able to refer cases for mediation before a participating United States
Magistrate Judge. Settlement conferences are ordinarily held in person at the Court or at a prison
in the Eastern District of California. Plaintiff and Defendant shall notify the Court whether they
believe, in good faith, that settlement in this case is a possibility and whether they are interested
in having a settlement conference scheduled by the Court.1
Defendant’s counsel shall notify the Court whether there are security concerns. If security
concerns exist, counsel shall notify the Court whether those concerns can be adequately
addressed if Plaintiff is transferred for settlement only and then returned to prison for housing.
Based on the foregoing, IT IS HEREBY ORDERED that within thirty (30) days from
the date of service of this order, Plaintiff and Defendant shall each file a written response to this
order, notifying the Court whether they believe, in good faith, that settlement in this case is a
possibility and whether they are interested in having a settlement conference scheduled by the
IT IS SO ORDERED.
November 17, 2022
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
The parties may wish to discuss the issue by telephone in determining whether they believe
settlement is feasible.
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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