Turner v. California Forensic Medical Group et al

Filing 125

ORDER signed by Magistrate Judge Craig M. Kellison on 2/24/14 ORDERING that Plaintiffs motion for default judgment (Doc. 85 ) is DENIED; Plaintiffs motions for settlement conference (Docs. 86 , 98 , 105 ) are DENIED. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANTHONY R. TURNER,

12

Plaintiff,

13
14

No. 2:09-CV-3040-GEB-CMK-P

vs.

ORDER

CALIFORNIA FORENSIC MEDICAL
GROUP, et al.,

15
Defendants.
16

/

17
18

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant
to 42 U.S.C. § 1983. Pending before the court are several motions plaintiff has filed.

19

Motion for Default Judgment, Doc. 85

20

First, plaintiff has filed a motion for default judgment against the defendants,

21

based on plaintiff’s allegation that the defendants failed to file a timely response to his amended

22

complaint. The amended complaint in this action was filed back in October 2010, in response to

23

the court’s dismissal of his original complaint. The defendants then filed numerous responses to

24

the amended complaint, including a motion for more definite statement, which was denied, and

25

answers to the amended complaint. These were all filed by the end of 2011.

26

///
1

1

A defendant is not in “default” unless he “has failed to plead or otherwise defend,

2

and that failure is shown by affidavit or otherwise.” Fed. R. Civ. Proc. 55(a). Here, all of the

3

defendants were either dismissed or appropriately responded to the amended complaint well

4

before plaintiff’s motion for default judgment. None of the defendants are in default, and

5

therefore no basis for default judgment exists. This motion will be denied.

6

Motions for Settlement Conference, Docs. 86, 98, 105

7

In these motions, plaintiff is requesting the court hold a settlement conference,

8

wherein plaintiff is allowed to personally appear, in an attempt to settle this action. While

9

settlement conferences are held in prisoner civil rights actions, holding a settlement conference is

10

not appropriate in this case at this time. Discovery issues continue to plague the remaining

11

defendants, who have filed a renewed motion for sanctions based on plaintiff’s failure to

12

cooperate with the discovery process. If the court determines a settlement conference would be

13

advantageous in the future, the court will not hesitate to set one. However, now is not the time.

14

These motions will therefore be denied.

15

Accordingly, IT IS HEREBY ORDERED that

16

1.

Plaintiff’s motion for default judgment (Doc. 85) is denied;

17

2.

Plaintiff’s motions for settlement conference (Docs. 86, 98, 105) are

18

denied.

19
20
21
22

DATED: February 24, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
2