Gomez v. Braun et al.

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 8/3/16 ORDERING that 25 Motion for Extension of time is PARTIALLY GRANTED; The parties are granted an additional 80 days in which to obtain and review plaintiff's medical records; on o r before 85 days from the date of this order, the assigned Deputy Attorney General shall contact Matt Caspar, Courtroom Deputy, at [phone], to schedule the settlement conference, or file a request to opt out of the pilot project, consistent with this courts June 27, 2016 order (ECF No. 21 at 2); and the stay of this action is EXTENDED for an additional 90 days from the date of this order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NEXIS RENE GOMEZ,

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No. 2:15-cv-2523 KJN P

Plaintiff,
v.

ORDER

D. BRAUN, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. Plaintiff alleges that in early

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2012, Dr. Braun and Dr. Majumdar were deliberately indifferent to plaintiff’s serious mental

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health needs, and delayed mental health care for the same, in violation of the Eighth Amendment,

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resulting in plaintiff’s suicide attempt on February 29, 2012. Both defendants signed waivers of

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service of summons, which were filed by the U.S. Marshal on June 22, 2016.

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On June 27, 2016, this case was referred to the post-screening ADR project and stayed for

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90 days. On July 28, 2016, defense counsel filed a motion for extension of time regarding the

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parties’ participation in the early settlement conference. Defense counsel met with plaintiff at

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CSP-Corcoran on July 27, 2016, regarding settlement; however, because plaintiff did not have

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any of his medical records, the parties were unable to discuss potential settlement options. The

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parties agreed that defense counsel would prepare an authorization form to be signed by plaintiff

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to authorize the CDCR to release the medical records to defense counsel, and in turn, defense

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counsel will provide plaintiff with free copies of such records. Following receipt of the records,

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the parties require additional time to review the records and determine whether a settlement

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conference will be helpful. Accordingly, the parties request an additional 90 days in which to

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obtain and review the medical records and to advise the court on the viability of an early

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settlement conference. In addition, the parties request that the stay remain in effect with the

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exception of obtaining and producing the medical records.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ motion for an extension of time (ECF No. 25) is partially granted;

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2. The parties are granted an additional 80 days in which to obtain and review plaintiff’s

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medical records; on or before 85 days from the date of this order, the assigned Deputy Attorney

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General shall contact Matt Caspar, Courtroom Deputy, at [phone], to schedule the

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settlement conference, or file a request to opt out of the pilot project, consistent with this court’s

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June 27, 2016 order (ECF No. 21 at 2); and

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3. The stay of this action is extended for an additional 90 days from the date of this order.
Dated: August 3, 2016

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