Thornberry v. Kernan et al

Filing 93

ORDER signed by Magistrate Judge Dennis M. Cota on 1/29/20 DENYING 86 plaintiff's request. (Plummer, 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 LEE THORNBERRY,

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Plaintiff,

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No. 2:17-CV-0953-TLN-DMC-P

v.

ORDER

J. BAL, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court is plaintiff’s request to stay proceedings and refer the

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matter to mediation. See ECF No. 86. Defendants have filed a response. See ECF No. 91.
In his request, plaintiff seeks an order referring the matter to mediation or a court-

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supervised settlement conference and a stay of proceeding pending settlement efforts. In their

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response, defendants state they believe the matter can be resolved on summary judgment and do

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not consent to mediation or a settlement conference. Because not all parties agree to participate

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in mediation or a settlement conference, plaintiff’s request is denied at this time. However, in the

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event defendants bring a motion for summary judgment and are not successful, either party is

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authorized and encouraged to file a further request for a settlement conference, notwithstanding

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the denial of the pending motion.

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IT IS SO ORDERED.
Dated: January 29, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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