Hardy v. Davis et al

Filing 142

ORDER signed by Magistrate Judge Deborah Barnes on 1/29/21 ORDERING that within 5 days of the filed date of this order, defendants shall provide a statement addressing the usefulness of a settlement conference and stating whether they waive any claims of disqualification.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KRISTIN HARDY,

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No. 2:13-cv-0726 JAM DB P

Plaintiff,

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v.

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C. DAVIS, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. In an order filed January 5, 2021, this court

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ordered the parties to meet and confer and file a joint statement regarding the usefulness of a

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settlement conference at this juncture. That joint statement was due on January 26, 2021.
On January 25, plaintiff filed a statement explaining that the parties had conferred and all

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agree that a settlement conference would be useful. (ECF No. 139.) The statement was signed by

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plaintiff but was not signed by defendants’ counsel. Typically, a joint statement includes the

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signatures of both parties. While this court recognizes the difficulties in providing both

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signatures when one party is incarcerated, it requires signed confirmation that defendants agree to

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both a settlement conference and waiver of any claims of disqualification from having the

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undersigned magistrate judge conduct the settlement conference.

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Accordingly, IT IS HEREBY ORDERED that within five days of the filed date of this

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order, defendants shall provide a statement addressing the usefulness of a settlement conference

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and stating whether they waive any claims of disqualification.

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Dated: January 29, 2021

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DLB:9
DB/prisoner-civil rights/hard0726/sett conf stmt

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