(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 O’SHEA MANN, 12 13 14 15 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 16 (ECF Nos. 31, 33, 38) 17 ORDER VACATING ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM 18 (ECF No. 35) 19 ORDER DIRECTING CLERK OF COURT TO SERVE A COPY OF THIS ORDER ON THE LITIGATION COORDINATOR AT CSPSACRAMENTO 20 21 22 Plaintiff O’Shea Mann (“Plaintiff”) is a state prisoner proceeding pro se and in forma 23 pauperis in this civil rights action. 24 On August 19, 2021, the Court entered an order referring this case to an early settlement 25 conference. (ECF No. 23.) The assigned Deputy Attorney General was directed to either: (1) file 26 a notice stating that Defendant(s) opt out of the settlement conference; or (2) contact ADR 27 Coordinator Sujean Park to schedule the settlement conference. (Id. at 2.) On October 14, 2021, 28 1 1 after the assigned Deputy Attorney General contacted Ms. Park, the Court entered a minute order 2 setting a settlement conference before Magistrate Judge Helena M. Barch-Kuchta. (ECF No. 31.) 3 On October 20, 2021, Magistrate Judge Barch-Kuchta issued an order setting a settlement 4 conference for December 10, 2021, and a pre-settlement conference for December 3, 2021. (ECF 5 No. 33.) On November 10, 2021, the Court issued an order and writ of habeas corpus ad 6 testificandum for Plaintiff. (ECF No. 35.) Currently before the Court is Defendants Thompson, Godfrey, Duran, and Castro’s1 7 8 (“Defendants”) ex parte application requesting that the Court vacate its prior orders referring this 9 case to an early settlement conference and setting a settlement conference. (ECF No. 38.) 10 According to the application, Defendants have learned that criminal charges were filed and are 11 currently pending against Plaintiff related to the same incident at issue in this case. (Id. at 3.) 12 Defendants intend to file a motion to stay and, due to these facts, believe settlement discussions 13 would not be productive at this time. (Id.) 14 The Court finds good cause to vacate the settlement conference and pre-settlement 15 conference. As to the Court’s order referring the case to an early settlement conference, the Court 16 construes Defendants’ application as a notice stating that they opt out of the settlement 17 conference pursuant to the terms of the order. (See ECF No. 23 at 2.) 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. Defendants’ ex parte application (ECF No. 38) is GRANTED as follows; 20 2. The orders setting a settlement conference for December 10, 2021, and pre-settlement 21 conference for December 3, 2021, before Magistrate Judge Helena M. Barch-Kuchta 22 (ECF Nos. 31, 33) are VACATED; 23 3. The order and writ of habeas corpus ad testificandum issued on November 10, 2021, 24 which directed the Warden to produce O’Shea Mann, CDCR #BC-2573, for a 25 settlement conference on December 10, 2021, is VACATED; and 26 /// 27 /// 28 1 Defendant A. Garcia is represented by separate counsel in this case. 2 1 4. The Clerk of Court is directed to serve a copy of this order on the litigation 2 coordinator at CSP-Sacramento via e-mail. 3 4 5 6 IT IS SO ORDERED. Dated: November 18, 2021 /s/ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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