Rios v. Tilton, et. al.

Filing 146

ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/13 ORDERING that on or before January 31, 2014, the parties shall file a joint statement informing the court of the following whether a settlement conference should be scheduled in this action. (see order for details)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENO FUENTES RIOS,

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Plaintiff,

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No. 2:07-cv-00790 WBS KJN P

v.

ORDER

J.E. TILTON, et al.,

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Defendants.

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The motion for summary judgment in this matter was resolved by order filed November

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15, 2013. (ECF No. 145.) This action proceeds against defendants Brandon and Parker on

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plaintiff’s due process claims, and against defendants Parker and Mayfield on plaintiff’s

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retaliation claims. Discovery has been extended through 2013 for the limited purpose of

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permitting plaintiff’s counsel to depose each of the defendants, and a Rule 30(b)(6) witness, and

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to serve a subpoena duces tecum on the Rule 30(b)(6) witness. (ECF No. 144.) Pending the

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conclusion of this discovery, and pursuant to this order, the court invites the parties to consider

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whether a settlement conference would be appropriate in this action; alternatively, the parties are

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directed to identify proposed dates for pretrial conference and trial.

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Accordingly, IT IS HEREBY ORDERED that, on or before January 31, 2014, the parties
shall file a joint statement informing the court of the following:

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1. Whether a settlement conference should be scheduled in this action.

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2. If so, the parties shall inform the court:

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a. Whether the parties agree that the undersigned magistrate judge may preside over the

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settlement conference, OR request that another magistrate judge do so; and
b. Identify any dates through May 2014 when any party may not be available to attend the
settlement conference.
3. If the parties do not agree that a settlement conference would be helpful in this action,

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they shall inform the court of the following:

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a. The anticipated length of trial; and

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b. Any dates through 2014 when any party may not be available for pretrial or trial

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proceedings.
4. Upon review of the parties’ joint statement, the court will issue an order further
scheduling this action.
SO ORDERED.
Dated: November 18, 2013

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