Johnson v. Patel

Filing 34

ORDER VACATING SETTLEMENT CONFERENCE signed by Magistrate Judge Edmund F. Brennan on 02/27/17 ORDERING that the 03/02/17 settlement conference is VACATED; and this matter is REFERRED BACK to the assigned district judge for further direction as to a settlement conference, in light of defense counsel's failure to comply with court orders (cc: EFB). (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Plaintiff,

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No. 2:14-cv-2052-KJM-DB

v.

ORDER VACATING SETTLEMENT
CONFERENCE

MIKE PATEL, et al.,

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Defendants.

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On May 3, 2016, the assigned district judge referred this case to the undersigned to

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conduct a settlement conference on September 1, 2016. ECF No. 28. That order directed the

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parties to submit settlement conference statements not later than seven days preceding the

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conference. Both parties failed to timely submit settlement conference statements.
Accordingly, on August 29, 2016, the court ordered the parties to show cause why

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sanctions should not issue for their failure to timely submit settlement conference statements as

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ordered and vacated the September 1, 2016 settlement conference pending receipt of their

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responses. ECF No. 30.
Plaintiff’s counsel responded to the order to show cause. Defense counsel failed to file a

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response. On September 15, 2016, the court discharged the order to show case as to plaintiff’s

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counsel, but sanctioned defense counsel in the amount of $150.00 for failure to submit a

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settlement conference statement or to respond to the court’s order to show cause.1 ECF No. 32.

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That order reset the settlement conference for March 2, 2017, and directed the parties to submit

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settlement statements not later than seven days prior to the conference. Plaintiff’s counsel has

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submitted their statement.

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The time for acting has passed and defense counsel has once again failed to timely submit
a settlement conference statement. Accordingly, the court hereby orders that:

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1. The Settlement Conference, currently set for March 2, 2017, is vacated; and

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2. The matter is referred back to the assigned district judge for further direction as to a

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settlement conference, in light of defense counsel’s failure to comply with court

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orders.
So Ordered.
DATED: February 27, 2017.

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Defense counsel paid the sanctions on October 20, 2016.
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