Hoffmann v. Corning Police Department

Filing 108

ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/2018 GRANTING parties 30 days from the date of this order in which to advise whether this matter should be set for settlement conference. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN LEE HOFFMAN,

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Plaintiff,

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No. 2:14-cv-2736 MCE KJN P

v.

ORDER

JUSTIN JOURDAN, et al.,

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Defendants.

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Defendants filed a response to the court’s order directing the parties to meet and confer

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and, if appropriate, request a settlement conference. (ECF No. 107.) In light of the delay in

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receiving Medicare billing information, the parties are granted an additional thirty days from the

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date of this order in which to advise whether this matter should be set for settlement conference as

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required by the January 12, 2018 order.
Neither party has consented to the jurisdiction of a magistrate judge under 28 U.S.C.

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§ 636(c). Upon review of the attachments to defendants’ response,1 the parties are reminded that

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at the present time, this action is assigned to the Honorable Morrison C. England, Jr., United

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States District Judge, for trial. In light of such assignment, plaintiff must decide whether she will

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agree to have the undersigned participate in the settlement conference, and waive any claim of

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It appears that defendants did not allow plaintiff to delay the payment of sanctions pending
settlement negotiations. If this is not the case, defendants should so inform the court.

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disqualification of the assigned Magistrate Judge on that basis thereafter. Such waiver is not

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construed as consent to the Magistrate Judge’s jurisdiction under 28 U.S.C. § 636(c)(1). Plaintiff

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is not required to agree to have the undersigned participate in the settlement conference, but may

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request that the settlement conference be assigned to a different Magistrate Judge.

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Good cause appearing, IT IS HEREBY ORDERED that the parties are granted thirty days

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from the date of this order in which to advise whether this matter should be set for settlement

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conference.

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Dated: January 31, 2018

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/hoff2736.36

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