Porter v. Traquina

Filing 48

ORDER signed by Magistrate Judge Deborah Barnes on 03/01/17 denying 46 Motion for a settlement conference. Within thirty days of the date of this order, plaintiff shall file an opposition to defendants motion for summary judgment. Plaintiff is advised that his opposition must adhere to the requirements described in the courts March 11, 2014 order and in the Notice attached to defendants motion for summary judgment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SANTANA PORTER,

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Plaintiff,

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No. 2:12-cv-2266 TLN DB P

v.

ORDER

ALVARO C. TRAQUINA,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. Plaintiff alleges defendant Dr. Traquina was deliberately

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indifferent to plaintiff’s serious medical needs with respect to surgery Dr. Traquina performed on

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plaintiff’s foot. Before the court are plaintiff’s motion for a settlement conference and

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defendant’s motion for summary judgment.
In June 2016, Magistrate Judge Kendall J. Newman conducted a settlement conference in

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this matter. At that time, the case was not settled. (See ECF No. 42.) On July 8, 2016, defendant

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moved for a modification of the scheduling order to permit him to file a motion for summary

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judgment. (ECF No. 43.) On November 1, 2016, that motion was granted. (ECF No. 45.)

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However, on November 23, 2016, plaintiff filed a motion for a second settlement conference.

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(ECF No. 46.) Defendant has not responded to plaintiff’s motion. On December 16, 2016,

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defendant filed a motion for summary judgment. (ECF No. 47.) Plaintiff has not responded to

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that motion.

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Because settlement of this case was unsuccessful previously, and because counsel for

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defendant feels the case may be resolved through summary judgment, the court will deny

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plaintiff’s motion for a settlement conference at this time. If defendant’s motion for summary

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judgment is denied, the court will at that time consider whether a second settlement conference is

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appropriate.

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In his motion for a settlement conference, plaintiff requests a copy of his complaint. The
Clerk's Office will provide copies of documents and of the docket sheet at $0.50 per page.

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Checks in the exact amount are made payable to "Clerk, USDC." Copies of documents in cases

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may also be obtained by printing from the public terminals at the Clerk's Office or by contacting

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Cal Legal Support Group at: 3104 "O" Street, Suite 291, Sacramento, CA 95816, phone 916-441-

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4396, fax [phone].

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s motion for a settlement conference (ECF No. 46) is denied without

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prejudice; and
2. Within thirty days of the date of this order, plaintiff shall file an opposition to

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defendant’s motion for summary judgment. Plaintiff is advised that his opposition

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must adhere to the requirements described in the court’s March 11, 2014 order and in

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the Notice attached to defendant’s motion for summary judgment.

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Dated: March 1, 2017

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DLB:9
DLB1/prisoner-civil rights/port2266.msj oppo

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