Hubbard v. Hougland et al

Filing 153

ORDER signed by Magistrate Judge Allison Claire on 05/18/15 ordering that within 14 days of the filing of this order, the parties shall each file a signed Notice Regarding Waiver of Disqualification, indicating whether they will agree to the undersigned serving as the settlement judge. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL L. HUBBARD,

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No. 2:09-cv-0939 TLN AC P

Plaintiff,
v.

ORDER

C.D. HOUGLAND, et al.,
Defendants.

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to
42 U.S.C. § 1983, which proceeds on the second amended complaint. See ECF No. 117.
The dispositive motion filing deadline expired on May 1, 2015. ECF No. 152. Because

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the parties have not filed dispositive motions, the court will set a final pretrial conference and

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trial. However, the court will require that the parties exhaust settlement efforts, and will refer the

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parties to a magistrate judge for a settlement conference. Before assigning a settlement judge, the

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court needs to know if the parties will agree to the undersigned serving as the settlement judge,

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waiving any conflict that may arise as a result. The dates for the final pretrial conference and trial

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will be set after the settlement conference is scheduled.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the filing of this

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order, the parties shall each file a signed Notice Regarding Waiver of Disqualification, indicating

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whether they will agree to the undersigned serving as the settlement judge. Failure of either party
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to file a waiver will result in this case being randomly assigned to another magistrate judge for

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purposes of conducting a settlement conference. Further instructions will issue once a settlement

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judge is assigned.

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DATED: May 18, 2015

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL L. HUBBARD,

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No. 2:09-cv-00939 TLN AC P

Plaintiff,
v.
C.D. HOUGLAND, et al.,

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NOTICE REGARDING WAIVER OF
DISQUALIFICATION OF SETTLEMENT
JUDGE PURSUANT TO LOCAL RULE
270(b)

Defendants.

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Check one:

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_____ Plaintiff, a former state prisoner proceeding pro se, requests that the assigned Magistrate

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Judge participate in a settlement conference in this action and hereby waives any claim of

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disqualification of the assigned Magistrate Judge on that basis thereafter.

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_____ Plaintiff, a former state prisoner proceeding pro se, does not waive any claim of

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disqualification of the assigned Magistrate Judge and requests the court randomly assign

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another Magistrate Judge for the purposes of conducting a settlement conference.

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DATED:_______________________
______________________________________
DARRYL L. HUBBARD
Plaintiff pro se

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL L. HUBBARD,

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No. 2:09-cv-00939 TLN AC P

Plaintiff,
v.

NOTICE REGARDING WAIVER OF
DISQUALIFICATION OF SETTLEMENT
JUDGE PURSUANT TO LOCAL RULE
270(b)

C.D. HOUGLAND, et al.,

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Defendants.

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Check one:

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_____ Defendants request that the assigned Magistrate Judge participate in a settlement

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conference in this action and hereby waive any claim of disqualification of the assigned

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Magistrate Judge on that basis thereafter.

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_____ Defendants do not waive any claim of disqualification of the assigned Magistrate Judge

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and request the court randomly assign another Magistrate Judge for the purposes of

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conducting a settlement conference.

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DATED:_______________________
______________________________________
Attorney for Defendants Hougland and McBride

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