Bell v. Martel et al
Filing
82
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/24/2019 VACATING the 77 Findings and Recommendations issued on 8/28/2019 and GRANTING plaintiff's 81 motion to conduct a settlement conference via correspondence. The parties ma y engage in settlement negotiations for a period of 60 additional days from the date of this order. The court will issue a discovery and scheduling order governing further proceedings in this matter should this case not settle by 1/6/2020. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL XAVIER BELL,
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Plaintiff,
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No. 2:17-cv-00063-MCE-CKD
v.
ORDER
MICHAEL MARTEL, et al.,
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Defendants.
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Plaintiff is a state inmate proceeding pro se and in forma pauperis in this federal civil
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rights lawsuit filed pursuant to 42 U.S.C. § 1983. On August 28, 2019 the undersigned issued
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Findings and Recommendations that this action be dismissed without prejudice based on
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plaintiff’s failure to comply with a court order requiring his appearance at a settlement
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conference. ECF No. 77. Plaintiff filed two separate responses to the Findings and
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Recommendations which the court construes as objections thereto. ECF Nos. 78, 80. So
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construed, the court will vacate the Findings and Recommendations and permit this case to
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proceed.
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Also pending before the court is plaintiff’s motion to conduct a settlement conference via
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correspondence. ECF No. 81. In light of plaintiff’s custody status at the L.A. Men’s Central Jail
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which has failed to comply with writs issued by this court for plaintiff’s participation in a
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settlement conference, the court will grant plaintiff’s motion and allow the parties an additional
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period of time to engage in settlement discussions. Should the parties not settle this matter by
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January 6, 2020 the court will issue a discovery and scheduling order governing further
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proceedings in this case.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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The Findings and Recommendations issued on August 28, 2019 (ECF No. 77) are
hereby vacated.
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2. Plaintiff’s motion to conduct a settlement conference via correspondence (ECF No.
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81) is granted. The parties may engage in settlement negotiations for a period of 60
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additional days from the date of this order.
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3. The court will issue a discovery and scheduling order governing further proceedings in
this matter should this case not settle by January 6, 2020.
Dated: October 24, 2019
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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