(PC) Jordan v. Norris, et al.

Filing 40

ORDER Vacating Settlement Conference re 36 and 39 , signed by Magistrate Judge Erica P. Grosjean on 04/27/2021.(Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMAR JORDAN,

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Plaintiff,
v.
O. NORRIS, et al.,

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Case No. 1:20-cv-00467-NONE-EPG (PC)
ORDER VACATING SETTLEMENT
CONFERENCE
(ECF Nos. 36 & 39)

Defendants.

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On March 25, 2021, the Court set this case for a settlement. (ECF No. 36). On April 26, 2021,

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Defendants filed a notice opting out of an early settlement conference because, after reviewing “the

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allegations and available medical records, Defendants Dr. Norris, Dr. Anunciacion and Dr. Napoles,”

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do not believe a settlement conference would be productive before they receive a ruling on the motion

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for summary judgment they intend to file. (ECF No. 39, p. 2).

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On October 14, 2020, the Court issued an Order Regarding Early Settlement Conference.

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(ECF No. 19). In the order, the Court directed Deputy Attorney General (“DAG”) Rohit Kodical

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(counsel for defendants Norris, Napoles, and State of California) to “either: (1) file a notice that

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Defendant(s) opt out of the settlement conference; or (2) contact ADR Coordinator Sujean Park

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([e-mail]) to schedule the settlement conference.” (Id. at 2).

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DAG Kodical did not comply with this order, but the Court granted him additional time to do

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so. (ECF No. 26). After filing a notice opting out of the early settlement conference in the wrong case

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(E.D. CA, 2:20-cv-00652, ECF No. 5), DAG Kodical eventually filed the notice in the correct case.

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(ECF No. 29).

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Defendants then agreed to participate in a settlement conference during the Eastern District’s

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Settlement Week. As Defendants agreed to participate in a settlement conference, the Court issued an

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order setting a settlement conference. (ECF No. 36).

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Defendants are now once again opting out of a settlement conference. As Defendants do not

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believe a settlement conference would be productive at this time, the Court will vacate the settlement

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conference.

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However, it is worth noting that Defendants’ changing positions has caused unnecessary
burden on the Court and the Alternate Dispute Resolution Coordinator.
Accordingly, IT IS ORDERED that the settlement conference is VACATED.1

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IT IS SO ORDERED.

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Dated:
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April 27, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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The Court may require the parties to participate in a settlement conference at a later stage in this case.