(PC) Mann v. Garcia et al

Filing 39

ORDER GRANTING IN PART Defendants' 38 Ex Parte Application to Opt Out of Settlement Conference and VACATING Settlement Conference; ORDER VACATING 35 Order & Writ of Habeas Corpus Ad Testificandum; ORDER DIRECTING Clerk of Court to Serve a Copy of this Order on the Litigation Coordinator at CSP-Sacramento signed by Magistrate Judge Erica P. Grosjean on 11/18/2021. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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O’SHEA MANN,

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Case No. 1:21-cv-00764-AWI-EPG (PC)
Plaintiff,

v.
A. GARCIA, et al.,
Defendants.

ORDER GRANTING IN PART
DEFENDANTS’ EX PARTE APPLICATION
TO OPT OUT OF SETTLEMENT
CONFERENCE AND VACATING
SETTLEMENT CONFERENCE

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(ECF Nos. 31, 33, 38)

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ORDER VACATING ORDER & WRIT OF
HABEAS CORPUS AD TESTIFICANDUM

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(ECF No. 35)

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ORDER DIRECTING CLERK OF COURT TO
SERVE A COPY OF THIS ORDER ON THE
LITIGATION COORDINATOR AT CSPSACRAMENTO

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Plaintiff O’Shea Mann (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action.
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On August 19, 2021, the Court entered an order referring this case to an early settlement
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conference. (ECF No. 23.) The assigned Deputy Attorney General was directed to either: (1) file
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a notice stating that Defendant(s) opt out of the settlement conference; or (2) contact ADR
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Coordinator Sujean Park to schedule the settlement conference. (Id. at 2.) On October 14, 2021,
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after the assigned Deputy Attorney General contacted Ms. Park, the Court entered a minute order

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setting a settlement conference before Magistrate Judge Helena M. Barch-Kuchta. (ECF No. 31.)

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On October 20, 2021, Magistrate Judge Barch-Kuchta issued an order setting a settlement

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conference for December 10, 2021, and a pre-settlement conference for December 3, 2021. (ECF

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No. 33.) On November 10, 2021, the Court issued an order and writ of habeas corpus ad

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testificandum for Plaintiff. (ECF No. 35.)
Currently before the Court is Defendants Thompson, Godfrey, Duran, and Castro’s1

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(“Defendants”) ex parte application requesting that the Court vacate its prior orders referring this

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case to an early settlement conference and setting a settlement conference. (ECF No. 38.)

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According to the application, Defendants have learned that criminal charges were filed and are

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currently pending against Plaintiff related to the same incident at issue in this case. (Id. at 3.)

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Defendants intend to file a motion to stay and, due to these facts, believe settlement discussions

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would not be productive at this time. (Id.)

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The Court finds good cause to vacate the settlement conference and pre-settlement

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conference. As to the Court’s order referring the case to an early settlement conference, the Court

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construes Defendants’ application as a notice stating that they opt out of the settlement

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conference pursuant to the terms of the order. (See ECF No. 23 at 2.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ ex parte application (ECF No. 38) is GRANTED as follows;

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2. The orders setting a settlement conference for December 10, 2021, and pre-settlement

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conference for December 3, 2021, before Magistrate Judge Helena M. Barch-Kuchta

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(ECF Nos. 31, 33) are VACATED;

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3. The order and writ of habeas corpus ad testificandum issued on November 10, 2021,

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which directed the Warden to produce O’Shea Mann, CDCR #BC-2573, for a

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settlement conference on December 10, 2021, is VACATED; and

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Defendant A. Garcia is represented by separate counsel in this case.

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4. The Clerk of Court is directed to serve a copy of this order on the litigation

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coordinator at CSP-Sacramento via e-mail.

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IT IS SO ORDERED.
Dated:

November 18, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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