Puckett v. Agboli et al

Filing 135

ORDER signed by Magistrate Judge Dennis M. Cota on 04/14/2023 GRANTING the 130 Motion for Trial-Setting and DENYING the 130 Motion for Referral to a Settlement Conference without prejudice. Defendants shall file a statement of their election to participate in a settlement conference within 7 days from this order. (Spichka, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DURRELL ANTHONY PUCKETT,

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No. 2:14-CV-2776-DAD-DMC-P

Plaintiff,
v.

ORDER

A. AGBOLI, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 130, for trial setting

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and/or referral to a settlement conference. Good cause appearing therefor, and because this case

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is ready for trial, Plaintiff’s motion will be granted in part and denied in part.

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This case is ready for trial. The parties have submitted pre-trial statements, and by

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separate order, the undersigned will issue a final pre-trial order. A trial confirmation hearing is

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set before the District Judge on June 27, 2023, at 1:30 p.m., via Zoom. A jury trial is set to

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commence before the District Judge on July 17, 2023, at 9:00 a.m., in Sacramento, California.

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To the extent Plaintiff requests referral of this matter for a settlement conference,

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the request will be denied in the absence of an indication filed on the docket by Defendants of a

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willingness to participate in a judicial settlement conference. Defendants will be required to file a

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notification of election to refer this matter for a settlement conference.
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Accordingly, IT IS HEREBY ORDERED as follows:

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Plaintiff’s motion for trial-setting, ECF No. 130, is granted.

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2.

Plaintiff’s motion for referral to a settlement conference, ECF No. 130, is

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denied without prejudice.

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3.

settlement conference within seven (7) days of the date of this order.

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Defendants shall file a statement of their election to participate in a

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The Clerk of the Court is directed to terminate ECF No. 130 as a pending

motion.

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Dated: April 14, 2023

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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