Gordon v. Wong, et al

Filing 462

ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/31/2022 DENYING petitioner's 456 motion for a settlement conference is DENIED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK BRUCE GORDON,

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Petitioner,

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Case No. 2:91-cv-00882-MCE-JDP (DP)
DEATH PENALTY CASE
ORDER DENYING PETITIONER’S MOTION
FOR SETTLEMENT CONFERENCE

v.
RON DAVIS,

ECF No. 456

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Respondent.

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Petitioner has filed a motion that asks the court to defer consider of his pending motion for

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summary judgment, which is fully briefed, and to set a settlement conference.1 ECF No. 456; see

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ECF No. 421. Respondent opposes the motion. ECF No. 458.

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Considering the number of claims in this capital habeas case and the substantial briefing

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on the pending motion for summary judgment, see ECF Nos. 397, 421, 441, & 454, a settlement

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judge would need to expend significant time to prepare for a settlement conference. And given

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respondent’s resistance to participating in settlement discussions, a settlement conference would

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likely be unproductive and hence a waste of scarce judicial resources. See Garrett v. Macomber,

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No. 2:16-cv-1336-KJM-AC-P, 2019 WL 6330269, at *8 (E.D. Cal. Nov. 26, 2019) (denying

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motion for a settlement conference “in light of defendants’ opposition”); McCarty v. Roos, No.

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A hearing on petitioner’s motion was held on August 12, 2021. ECF No. 460.
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2:11-cv-01538-JCM, 2013 WL 5436578, at *2 (D. Nev. Sept. 27, 2013) (“The Court generally

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does not grant motions for settlement conferences that are opposed.”).
Accordingly, it is hereby ORDERED that petitioner’s motion for a settlement conference

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ECF No. 456, is denied.

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IT IS SO ORDERED.

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Dated:
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March 31, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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