Burton v. Foulk et al

Filing 67

ORDER signed by Magistrate Judge Deborah Barnes on 2/22/2021 GRANTING defendant's 66 motion to modify the 12/23/2020 order. The parties shall have an additional 14 days, until 3/5/2021, to continue their meet and confer efforts and provide a joint statement, as described in the 11/30/2020 order, to the court. All other aspects of the court's 11/30/2020 and 12/23/2020 orders shall remain in effect. The court will set pretrial statement deadlines if the parties do not file a joint statement requesting a settlement conference by the expiration of the fourteen-day extension granted in this order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HARRISON BURTON,

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No. 2:13-cv-02123 JAM DB P

Plaintiff,

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v.

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F. FOULK, et al.,

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ORDER

Defendants.

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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 pursuant to 42 U.S.C. § 1983. Plaintiff asserts claims against defendants of interference

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with access to courts, retaliation, and excessive force. Presently before the court is defendants’

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motion to modify the court’s December 23, 2020 order to extend the deadline to file a joint

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statement by fourteen days. (ECF No. 66.)
Under the court’s November 30, 2020 order, the parties had twenty days from the date of

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their initial meet and confer to file a joint statement informing the court if a settlement conference

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would be useful and stating whether they waive any claim of disqualification from having the

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assigned magistrate judge conduct the conference. (ECF No. 62 at 2.) The court’s December 23,

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2020 order granted the parties an additional forty-five days to provide their joint statement. (ECF

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No. 65 at 1.)

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Defendant requests the December 23, 2020 order be modified so that informal

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negotiations can be completed and so that parties can assess the usefulness of a settlement

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conference. (ECF No. 66 at 1-2.)

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendant’s motion to modify the December 23, 2020 order (ECF No. 66) is granted;

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2. The parties shall have an additional fourteen days, until March 5, 2021, to continue

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their meet and confer efforts and provide a joint statement, as described in the

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November 30, 2020 order, to the court. All other aspects of the court’s November 30,

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2020 (ECF No. 62) and December 23, 2020 (ECF No. 65) orders shall remain in

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effect; and

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3. The court will set pretrial statement deadlines if the parties do not file a joint statement

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requesting a settlement conference by the expiration of the fourteen-day extension

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granted in this order.

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Dated: February 22, 2021
/s/DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:14
DLB:1/Orders/Prisoner/Civil.Rights/burt2123.prop.mod.o2

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