Gomez v. Acharya et al

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/12/2019 ORDERING Plaintiff to file the attached notice within 14 days from the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD GOMEZ,

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Plaintiff,

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No. 2:17-cv-2407 MCE CKD P

v.

ORDER

ACHARYA, et al.,

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Defendants.

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By order filed January 29, 2019, this case was referred to the Post-Screening ADR

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Project. (ECF No. 18.) It has come to the court’s attention that the claims in this case are related

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to those in Gomez v. CDCR, No. 2:17-cv-1247 JAM KJN. As a result, the settlement conference

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in Gomez v. CDCR has been continued so that it can be held in conjunction with the settlement

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conference in this case. The combined conference will be set before Magistrate Judge Allison

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Claire.

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The court notes that plaintiff has not yet returned his election notice in this case advising

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whether he would like to participate in person or by video conference, if available. He will

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therefore be given another opportunity to do so. If plaintiff does not return the election form, the

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court will issue a writ for plaintiff to appear by video conference, if available. Once plaintiff has

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returned the notice or the time for doing so has passed, the court will proceed to contact counsel

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to schedule the settlement conference.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days from the date of this order, plaintiff shall file the attached notice

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informing the court how he wishes to appear at the settlement conference. If plaintiff does not

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file the notice, the court will issue a writ for plaintiff to appear by video conference, if available.

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2. Once the date for the settlement conference has been set, at least seven days prior to

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the settlement conference, each party shall submit to Magistrate Judge Allison Claire a

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confidential settlement conference statement that includes the following: (a) names and locations

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of the parties; (b) a short statement of the facts and alleged damages; (c) a short procedural

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history; (d) an analysis of the risk of liability, including a discussion of the efforts made to

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investigate the allegations; and (e) a discussion of the efforts that have been made to settle the

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case. Defendant shall e-mail the settlement conference statement to [e-mail].

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Plaintiff shall place his settlement conference statement in the U.S. mail addressed to Magistrate

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Judge Allison Claire, United States District Court, 501 I Street, Sacramento, CA 95814. The

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envelope shall be marked “Confidential Settlement Statement.” Plaintiff shall mail his settlement

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conference statement so that it is received by the court at least seven days before the settlement

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conference.

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Dated: March 12, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13:gome2407.adr.amend

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD GOMEZ,

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No. 2:17-cv-2407 MCE CKD P

Plaintiff,
v.
ACHARYA, et al.,

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NOTICE RE: JUDGE ELECTION FOR
SETTLEMENT CONFERENCE (POSTSCREENING ADR PROJECT)

Defendants.

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

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