Evans v. Sisto et al

Filing 210

ORDER DENYING 209 Plaintiff's Request to Attend Settlement Conference by Telephone or Video signed by Magistrate Judge Stanley A. Boone on 3/7/2017. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES EVANS, 12 Plaintiff, 13 14 v. J. NEUHRING, et al., 15 Defendants. 16 [ECF No. 209] This case is currently set for settlement conference on March 24, 2017, before the undersigned at California State Prison, Corcoran. On March 2, 2017, Plaintiff filed a request to appear the settlement conference by telephone or 21 22 ORDER DENYING PLAINTIFF’S REQUEST TO ATTEND SETTLEMENT CONFERENCE BY TELEPHONE OR VIDEO pursuant to 42 U.S.C. § 1983. 19 20 Case No.: 2:09-cv-00292-TLN-AC (PC) Plaintiff Edwin Garcia is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) video. 23 Generally, the Court allows inmates to appear telephonically for all pretrial proceedings, 24 however, the Court finds that settlement conference are not productive without the ability to have face 25 to face contact with the participants. Therefore, the Court requires parties to personally appear for 26 settlement conferences. Plaintiff requests that he be allowed to appear by telephone or video, 27 however, the Court’s past experience has demonstrated that the California Department of Corrections 28 telephone and/or video conferencing system can be unreliable; and therefore, is insufficient for the 1 1 purposes of conducting a settlement conference. Thus, the Court finds that it is not practicable to 2 allow an inmate to appear by telephone or video conference at a settlement conference. Plaintiff is 3 advised that he is obligated to litigate the action which may necessitate, among other things, 4 transportation to the court for proceedings. Accordingly, Plaintiff’s motion to attend the settlement 5 conference by telephone or video conference is DENIED. 6 7 IT IS SO ORDERED. 8 Dated: 9 March 7, 2017 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?