Willyard v. McDaniels, et al.

Filing 24

ORDER vacating 22 FINDINGS AND RECOMMENDATIONS and discharging 21 ORDER to Show Cause signed by Magistrate Judge Kendall J. Newman on 3/28/16. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COREY WILLYARD, 12 13 14 15 No. 2:14-cv-0780-EFB Plaintiff, v. ORDER MCDANIELS et al., Defendants. 16 17 18 19 On March 21, 2016, plaintiff filed a notice apologizing and providing reasons for his 20 absence at the February 23, 2016 settlement conference. (ECF No. 23.) He further requests that 21 another settlement conference be scheduled. (Id.) 22 In light of plaintiff’s filing and pro se status, the court will provide plaintiff with one final 23 opportunity for a settlement conference with the undersigned. However, plaintiff is hereby 24 cautioned that if he again fails to appear for the conference, substantial monetary sanctions and/or 25 dismissal of the action may result. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The pending findings and recommendations for dismissal (ECF No. 22) are 28 VACATED and the order to show cause (ECF No. 21) is DISCHARGED. 1 1 2. Within fourteen (14) days of this order, plaintiff shall contact defendants’ counsel, 2 Gary Brickwood, at (530) 245-1877 to confer regarding potential dates for a 3 settlement conference. Defendants’ counsel shall promptly notify the court if he fails 4 to receive any communication from plaintiff in the 14-day period. The parties shall 5 clear any proposed dates for such a settlement conference with the undersigned’s 6 courtroom deputy clerk at (916) 930-4187. 7 8 9 10 3. Failure to comply with the terms of this order may result in any appropriate sanctions, including monetary sanctions and/or dismissal of the action. IT IS SO ORDERED. Dated: March 28, 2016 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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