Kahaku v. Chamberlain et al

Filing 26

ORDER signed by Magistrate Judge Deborah Barnes on 11/27/2017 DENYING without prejudice 24 motion for a settlement conference and GRANTING 25 motion for an extension of time. Defendants shall have an additional 60 days to respond to pl aintiff's interrogatories, requests for productions of documents, and requests for admissions, served by plaintiff on 10/16/2017; The deadline for conducting discovery in this case is extended to 4/3/2018; The deadline to file all pretrial motions, except motions to compel discovery, is extended to 6/26/2018; and All other provisions contained in the 22 Order shall remain in effect. (York, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL KAHAKU,

Case No. 2:16-cv-02395-DB

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Plaintiff, ORDER
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v.
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N. CHAMBERLAIN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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under 42 U.S.C. § 1983. Plaintiff alleges defendants retaliated against him by falsifying

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documents that resulted in the loss of his prison job. Before the court are two motions. First,

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plaintiff requests the court refer this case for a formal settlement conference. (ECF No. 24.)

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Second, defendants seek a continuance of the deadline to respond to plaintiff’s discovery

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requests. (ECF No. 25.)

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Plaintiff simply states in his motion that he would like the court to schedule a settlement

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conference. (ECF No. 24.) According to the declaration of defendants’ counsel Byron Miller,

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which is attached to defendants’ motion for an extension of time, the parties are currently

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engaged in informal settlement discussions. (ECF No. 25-2.) If the parties both feel a formal

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settlement conference would be helpful, they shall inform the court and the court will schedule

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one. Therefore, at this time, the court does not find a formal settlement conference is warranted.

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Plaintiff’s motion will be denied without prejudice.

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Good cause appearing, defendants Chamberlain, Serva, and Stewart’s unopposed request

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(ECF No. 25) for the court to extend the deadline for them to respond to plaintiff’s discovery, the

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deadline for the parties to conduct discovery, and the deadline for the parties to file pretrial

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motions is GRANTED.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for a settlement conference (ECF No. 24) is denied without prejudice.

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2. Defendants’ motion for an extension of time (ECF No. 25) is granted as follows:

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a. Defendants shall have an additional sixty days to respond to plaintiff’s

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interrogatories, requests for productions of documents, and requests for admissions,

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served by plaintiff on October 16, 2017;

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b. The deadline for conducting discovery in this case is extended from February 2,
2018, to April 3, 2018;
c. The deadline to file all pretrial motions, except motions to compel discovery, is
extended from April 27, 2018, to June 26, 2018; and
d. All other provisions contained in the court’s October 12, 2017 Discovery and
Scheduling Order (ECF No. 22) shall remain in effect.
Dated: November 27, 2017

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DLB:9
DB/orders/prisoner-civil rights/kaha2395.DSO eot