O'Neal v. Johnson et al

Filing 238

ORDER signed by Magistrate Judge Deborah Barnes on 01/11/19 GRANTING in 237 Stipulation to Continue; the 02/01/19 Final Pretrial Conference is RESET for 3/29/2019 at 01:30 PM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Plaintif f's Pretrial Statement and the parties' Joint Pretrial Statement is due 03/15/19; defendant's Pretrial Statement is due 03/22/19. If the parties wish to set a settlement conference in this action, by 01/25/19, the parties shall file a joint statement requesting a settlement conference before the undersigned and waiving any disqualification as a result of the undersigned acting as the settlement judge. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN O’NEAL,

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No. 2:14-cv-2374 DB PS
Plaintiff,

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v.

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ORDER

AUGUST JOHNSON, et al.,

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Defendants.

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This matter is scheduled for a final pretrial conference on February 1, 2018.1 (ECF No.

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236.) On January 11, 2019, the parties filed a stipulation to vacate the final pretrial conference

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because the parties “anticipate settlement” and request that this action instead be set for a

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settlement conference. (Id. at 1.)
The parties’ stipulation does not address whether the proposed settlement conference

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would be before the undersigned or another magistrate judge. The court has twice set this matter

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for settlement conference before another magistrate judge. Those conferences were unsuccessful,

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and the court will not ask that magistrate judge, or another magistrate judge, to dedicate yet more

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time to the settlement of this action.

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////

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The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28
U.S.C. ' 636(c)(1). (ECF No. 16.)
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Accordingly, for the reasons stated above, IT IS HEREBY ORDERED that:

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1. The parties’ January 11, 2019 stipulation (ECF No. 237) is granted in part;

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2. The February 1, 2019 Final Pretrial Conference is continued to March 29, 2019, at

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1:30 p.m. in courtroom No. 27 before the undersigned. Trial counsel shall appear at the Final

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Pretrial Conference;

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3. Plaintiff’s Pretrial Statement and the parties’ Joint Pretrial Statement shall be filed on
or before March 15, 2019;

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4. Defendant’s Pretrial Statement shall be filed on or before March 22, 2019; and

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5. If the parties wish to set a settlement conference in this action, on or before January

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25, 2019, the parties shall file a joint statement requesting a settlement conference before the

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undersigned and waiving any disqualification as a result of the undersigned acting as the

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settlement judge.

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DATED: January 11, 2019

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:6
DB\orders\orders.consent\o’neal2374.cont.ptc2

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