Daniels v. Arnold

Filing 38

ORDER signed by Magistrate Judge Allison Claire on 12/10/19 GRANTING 37 defendant's request to opt out of the post-screening ADR project; LIFTING 35 the stay of this action and defendant shall file and serve her answer to the complaint within 21 days after the filing date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TED DARNELL DANIELS,

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Plaintiff,

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No. 2:16-cv-0551 KJM AC P

v.

ORDER

ERIC ARNOLD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to

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42 U.S.C. § 1983. By order filed October 9, 2019, this case was referred to the court’s Post-

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Screening ADR (Alternative Dispute Resolution) Project and stayed for period of 120 days. See

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ECF No. 35. That order provided defendant the opportunity to request opting out of the ADR

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Project based on a good faith belief that a settlement conference would be unhelpful at the present

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time. Id. at 2. Sole defendant Marianna Lotersztain now requests to opt out of the ADR Project

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based on a need to conduct discovery before considering settlement. See ECF No. 37. Having

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reviewed the request, the court finds good cause to grant it.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s request to opt out of the Post-Screening ADR Project, ECF No. 37, is

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GRANTED;

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2. The stay of this action, commencing October 9, 2019, ECF No. 35, is LIFTED; and

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3. Defendant shall file and serve her answer to the complaint within 21 days after the

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filing date of this order; thereafter, the court will set a schedule for this case.
SO ORDERED.
DATED: December 10, 2019

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