Dennis v. Kerman et al

Filing 87

ORDER STAYING CASE signed by Magistrate Judge Allison Claire on 08/19/20 DENYING 86 ex parte request to immediately schedule an ADR settlement conference and STAYING this case in its entirety until further order of this court. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MATTHEW DENNIS,

12

Plaintiff,

13
14

No. 2:16-cv-0542 JAM AC P

v.

ORDER

SCOTT KERNAN, et al.,

15

Defendants.

16
Plaintiff, a state prisoner proceeding pro se, requests that this case be scheduled forthwith

17
18

for a settlement conference under this court’s Alternative Dispute Resolution (ADR) project for

19

prisoner civil rights cases, notwithstanding the pendency of plaintiff’s interlocutory appeal in the

20

Ninth Circuit Court of Appeals. See ECF No. 86; see also ECF No. 80, 82 (USCA Case No. 20-

21

16392).
By order filed July 16, 2020, the undersigned referred this case to the ADR project and

22
23

issued a ninety-day stay for that purpose. ECF No. 78. However, due to the pendency of

24

plaintiff’s appeal, this court has deferred setting a date for the settlement conference. Plaintiff’s

25

recent filings underscore the appropriateness of staying this case in its entirety until the

26

conclusion of plaintiff’s appeal or in the event the parties jointly request that a settlement

27

conference before this court be promptly scheduled.

28

////

1

The parties are informed that, despite the current COVID-19 crisis, this court is

2

successfully conducting prisoner ADR settlement conferences by telephone and/or video. Such

3

conferences are scheduled several weeks in advance. Should plaintiff and defense counsel agree

4

that a settlement conference would be beneficial in this case prior to resolution of plaintiff’s

5

appeal, they may file a joint request (or separate statements reflecting the same request) that an

6

ADR settlement conference be scheduled at the earliest available date. Such request should

7

indicate plaintiff’s intent to withdraw his appeal should the parties reach a settlement agreement.

8

Accordingly, IT IS HEREBY ORDERED that:

9

1. Plaintiff’s ex parte request to immediately schedule an ADR settlement conference in

10
11
12

this case, ECF 86, is denied without prejudice; and
2. This case is STAYED in its entirety until further order of this court.
DATED: August 19, 2020

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2