Lear v. Avila, et al.

Filing 70

ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/17/2020 GRANTING defendant's 68 motion and VACATING the 1/5/2021 settlement conference set in this case before Magistrate Judge Kendall J. Newman. (cc: ADR,KJN)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODERICK WILLIAM LEAR,

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Plaintiff,

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v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION1,

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Case No. 2:17-cv-00326-JAM-JDP (PC)
ORDER GRANTING DEFENDANT’S
MOTION TO OPT OUT OF EARLY
SETTLEMENT CONFERENCE
ECF No. 68

Defendant.

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Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought

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under the Americans with Disabilities Act. On December 2, 2020, defendant filed a motion to opt

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out of the court’s alternative dispute resolution program. ECF No. 68. Plaintiff has filed a

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statement of non-opposition to the motion. ECF No. 69.

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Good cause appearing, defendant’s motion is granted, ECF No. 68, and the January 5,

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2021 settlement conference set in this case before Magistrate Judge Kendall J. Newman is

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vacated.2

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This action proceeds on the third amended complaint’s claim against the California
Department of Correction and Rehabilitation for violation of the Americans with Disabilities Act.
ECF Nos. 55, 61, 64. Accordingly, the Clerk of the Court is directed to amend the case name to
Lear v. California Department of Corrections and Rehabilitation, 2:17-cv-326-JAM-JDP.

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This order has no impact on the other settlement conferences set before Judge Newman
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IT IS SO ORDERED.

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Dated:

December 17, 2020

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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in plaintiff’s other cases.
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