Parham v. Steemers et al

Filing 61

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/15/12 ORDERING that the 08/22/12 Scheduling Conference is VACATED; case REFERRED to VDRP; parties are directed to review the requirements of the Program and shall contact the court's VDRP coordinator within 14 days to initiate the process of selecting a neutral. The parties shall inform the court within 120 days whether the program successfully resolved the case. The court will then set a further status conference if necessary (cc: VDRP). (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LATASHA PARHAM,

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Plaintiff,
vs.

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No. 2:11-cv-1475 CKD PS

PHILIP STEEMERS,

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Defendant.

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ORDER
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This action for damages under 42 U.S.C. § 1983 arises from a traffic stop and

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detention of plaintiff Latasha Parham by defendant Philip Steemers.1 After extensive motion

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practice, the pleadings are now settled and plaintiff’s sole remaining cause of action is for

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violation of her rights under the Fourth Amendment (under theories of unlawful detention or

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seizure, unlawful search, and excessive force, as alleged in the first cause of action) pursuant to

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42 U.S.C. § 1983. (Dkt. Nos. 52, 58, 59.)

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Plaintiff paid the filing fee and is proceeding in this action pro se. All parties have
consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c)(1). (Dkt. Nos. 11,
48.) Consequently, on March 21, 2012, the matter was referred to the undersigned for all further
proceedings and entry of final judgment. (Dkt. No. 51.)
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A status (pre-trial scheduling) conference in this matter is currently set for August

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22, 2012 at 10:00 a.m. before the undersigned. (Dkt. No. 58.) On August 15, 2012, the parties

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filed a joint status report with a proposed schedule of pre-trial deadlines. (Dkt. No. 60.) The

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parties also indicated that they are presently engaged in settlement discussions and consent to

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referral to the court’s Voluntary Dispute Resolution Program (“VDRP”). (Dkt. No. 60 at 3.)

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Because both parties have consented to referral to the VDRP program, the court will refer the

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case to VDRP and will vacate the status (pre-trial scheduling) conference currently set for August

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22, 2012.
Accordingly, IT IS HEREBY ORDERED that:

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1. The August 22, 2012 status (pre-trial scheduling) conference is VACATED.

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2. This case is referred to the Voluntary Dispute Resolution Program (“VDRP”).

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3. The parties are directed to review the requirements of the Program outlined in

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E.D. Cal. L.R. 271 and shall contact the court’s VDRP coordinator, Suejean Park, within

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fourteen (14) days of the date of service of this order to initiate the process of selecting a neutral.

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The VDRP coordinator may be contacted by telephone at [phone] or by e-mail at

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[e-mail].

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4. The parties shall inform the court within 120 days of the date of service of this

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order whether the program successfully resolved the case. The court will then set a further status

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conference if necessary.
5. The Clerk of Court shall serve a copy of this order on the VDRP coordinator.

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Dated: August 15, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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CKD/5
Parham.1475.vdrp.wpd

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