Spears v. Bianchi, et al

Filing 95

ORDER signed by Magistrate Judge Jeremy D. Peterson on 04/11/22 DENYING 94 Motion for a further settlement conference. The court will hold a status conference by Zoom on May 12, 2022, at 10:00 a.m. Counsel for the defendants is directed to contact the court via [e-mail], one week prior to the status conference to report on plaintiff's institution's ability, in light of any COVID 19 restrictions, to produce him for a remote appearance. The Clerk of Court is directed to send a copy of this order to the litigation coordinator at plaintiff's institution of confinement. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BRIAN SPEARS,

12
13

Case No. 2:16-cv-02177-JAM-JDP (PC)
Plaintiff,

v.

14

MICHELLE BIANCHI, et al.,

15

ORDER SETTING AN INFORMAL STATUS
CONFERENCE AND DENYING
PLAINTIFF’S MOTION FOR A FURTHER
SETTLEMENT CONFERENCE

Defendants.

ECF No. 94

16
17
18

On January 25, 2022, the parties participated in a court supervised settlement conference

19

and reached an agreement to settle this case. ECF No. 91. The terms of the settlement agreement

20

were placed on the record, and the parties were instructed to finalize the agreement within thirty

21

days. Id. On March 31, 2022, plaintiff filed a motion asking the court to set a further settlement

22

conference. ECF No. 94. He explains that further settlement discussions are needed because the

23

long-form agreement prepared by defendants’ counsel includes terms that differ from those

24

agreed to at the January 25 settlement conference. Id.

25
26

Rather than set a further settlement conference, the court will hold a status conference to
address plaintiff’s concerns and the parties’ inability to finalize their agreement.

27
28
1

1

Accordingly, it is hereby ORDERED that:

2

1. Plaintiff’s motion for a further settlement conference, ECF No. 94, is denied without

3

prejudice.

4

2. The court will hold a status conference by Zoom on May 12, 2022, at 10:00 a.m.

5

3. Counsel for the defendants is directed to contact the court via

6

[e-mail], one week prior to the status conference to report on plaintiff’s

7

institution’s ability, in light of any COVID 19 restrictions, to produce him for a remote

8

appearance.

9
10

4. The Clerk of Court is directed to send a copy of this order to the litigation coordinator
at plaintiff’s institution of confinement.

11
12

IT IS SO ORDERED.

13
Dated:
14
15

April 11, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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