Gomez v. Acharya et al

Filing 70

ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/2020 ORDERING, within 21 days, plaintiff and defendant in 2:17-cv-1247 JAM KJN P shall return to the court the settlement judge election form attached to this order; following receipt of this form, the court will schedule a further settlement conference. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD GOMEZ, 12 Plaintiff, 13 14 No. 2: 17-cv-1247 JAM KJN P v. CDCR, et al., 15 Defendants. 16 17 EDWARD GOMEZ, 18 Plaintiff, Defendants 19 ORDER v. 20 No. 2: 17-cv-2407 MCE CKD P ACHARYA, et al., 21 22 _____________________________________/ 23 24 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 25 to 42 U.S.C. § 1983. On September 21, 2020, the undersigned ordered defense counsel in both 26 actions listed above (after consulting with plaintiff) to separately notify the court in the instant 27 action whether they believe a settlement conference involving both actions would be beneficial. 28 1 1 On October 9, 2020, defense counsel in 2:17-cv-2407 informed the court that, after 2 consulting with plaintiff, they did not believe that scheduling a further settlement conference in 3 that action would be beneficial. On October 15, 2020, defense counsel in 2:17-cv-1247 informed 4 the court that, after consulting with plaintiff, they believed a further settlement conference would 5 be beneficial. Good cause appearing, the undersigned will schedule a settlement conference 6 regarding 2:17-cv-1247 JAM KJN P only. 7 Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this 8 order, plaintiff and defendant in 2:17-cv-1247 JAM KJN P shall return to the court the settlement 9 judge election form attached to this order; following receipt of this form, the court will schedule a 10 further settlement conference. 11 Dated: October 22, 2020 12 13 14 Gom1247.set(2) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 EDWARD GOMEZ, Plaintiff, 10 11 12 No. 2:17-cv-1247 JAM KJN P v. NOTICE RE: JUDGE ELECTION FOR SETTLEMENT CONFERENCE CDCR, et al., Defendants. 13 14 15 16 17 18 19 20 21 22 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 below affirmatively requests that the assigned Magistrate Judge participate in the settlement conference and, further, waives any claim of disqualification of the assigned Magistrate Judge on that basis thereafter. This waiver is not to be construed as consent to the Magistrate Judge’s jurisdiction under 28 U.S.C. § 636(c)(1). OR ____ The party signing below requests that a different judge hold the settlement conference. 23 24 DATED: 25 ________________________________ Plaintiff or Counsel for Defendants 26 27 28 3

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