Tenore v. Horowitz et al

Filing 58

ORDER signed by Magistrate Judge Kendall J. Newman on 09/20/19 ORDERING that within 30 days from the date of this order, the parties shall file the attached notice, informing the court whether a settlement conference is appropriate, whether they waive disqualification for the undersigned to hold the settlement conference, or whether they choose to have the settlement conference held by a different judge. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL TENORE,

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Plaintiff,

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No. 2:17-cv-1802 KJM KJN P

v.

ORDER

E. HOROWITZ, ET AL.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. This case proceeds on plaintiff’s

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claims concerning his requests for in-cell feeding and a wedge pillow, as well as plaintiff’s claims

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that Dr. Smith and Dr. Horowitz failed to timely diagnose plaintiff’s cancer and improperly

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delayed plaintiff’s surgery. On September 9, 2019, the district court referred this matter back to

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the undersigned for all further pretrial proceedings. (ECF No. 57.)
Good cause appearing, the parties shall inform the court whether a settlement conference

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is appropriate. If so, by filing the attached notice within thirty days, the parties shall notify the

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court whether they waive disqualification for the undersigned to hold the settlement conference or

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whether they request a different judge. Plaintiff shall also indicate his preference to appear in

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person or by videoconference, if available. Failure to waive disqualification will result in the case

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being set for settlement conference before a different magistrate judge.

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IT IS HEREBY ORDERED that within thirty days from the date of this order, the parties

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shall file the attached notice, informing the court whether a settlement conference is appropriate,

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whether they waive disqualification for the undersigned to hold the settlement conference, or

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whether they choose to have the settlement conference held by a different judge.

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Dated: September 20, 2019

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/cw/teno1802.set

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL TENORE,

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No. 2:17-cv-1802 KJM KJN P

Plaintiff,
v.

NOTICE OF ELECTION RE SETTLEMENT
CONFERENCE

E. HOROWITZ, ET AL.,

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Defendants.

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1. As required by court order, the parties notify the court of the following election:

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____ The party signing below requests a settlement conference.

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____ Pursuant to Local Rule 270(b) of the Eastern District of California, the party signing

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below affirmatively requests that the assigned Magistrate Judge participate in the settlement

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conference and, further, waives any claim of disqualification of the assigned Magistrate Judge on

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that basis thereafter. This waiver is not to be construed as consent to the Magistrate Judge’s

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jurisdiction under 28 U.S.C. § 636(c)(1).

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OR
____ The party signing below requests that a different judge hold the settlement
conference.
AND
2. Plaintiff indicates his preference by checking one:

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_____ Plaintiff would like to participate in the settlement conference in person.
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OR
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_____ Plaintiff would like to participate in the settlement conference by video conference.
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DATED:
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Plaintiff or Counsel for Defendants

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