Montoya v. Childers

Filing 53

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/9/2012 ORDERING the parties to file, either jointly or separately, an update(s) on the status of settlement negotiations within 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NIKIANO MONTOYA,

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Plaintiff,

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vs.
D. CHILDERS,

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Defendant.

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ORDER
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No. CIV S-09-1580 MCE CKD P

This matter is set for trial on July 2, 2012. (Dkt. No. 43.) On December 29, 2011,
defendant filed a pretrial statement in which he stated:

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Plaintiff has proposed a settlement of this case for $169.00 (Doc.
44) and defendant accepted said offer and forwarded a release of
all claims and stipulated dismissal with prejudice for plaintiff’s
execution. However, thus far defendant has yet to receive executed
copies of the documents back from plaintiff. Commensurate with
this filing defendant has once again mailed to plaintiff the
settlement documents.

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(Dkt. No. 52 at 6.) The court will order the parties to provide an update on the settlement process

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to determine whether this matter should remain set for trial. In the interest of conserving judicial

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resources, the parties are encouraged to settle this matter if they can in fact agree upon a

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settlement amount.

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Accordingly, IT IS HEREBY ORDERED THAT the parties file, either jointly or

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separately, an update(s) on the status of settlement negotiations within fourteen days of service of

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this order.

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Dated: May 9, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mont1580.ord3

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