Goins v. Bobbla et al

Filing 32

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/2018 DENYING plaintiff's request for a copy of the document represented by docket entries 20 and 21; and DENYING plaintiff's request that the court not hold a settlement conference in this action until all defendants are served. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND LEE GOINS,

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Plaintiff,

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v.

No. 2:18-cv-0034 TLN CKD P

ORDER

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A. DIMACULANGAN, et al.,

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Defendants.

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Plaintiff is a California prisoner proceeding pro se. On November 30, 2018, plaintiff filed

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a document in which, among other things, plaintiff requests copies of documents identified as

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documents 20 and 21 on the court’s docket. Docket entries 20 and 21 arise from the same

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document which was submitted by a California Department of Corrections (CDCR) official and

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concerns which remaining defendants are willing to waive service of process and appear in this

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action, and which are not. This document was submitted by CDCR pursuant to an agreement

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between the court, CDCR, and the California Office of the Attorney General with the goal of

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expediting the appearance of CDCR employees as defendants in actions before the court and

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simplifying the service of process procedure in such actions. Communications from CDCR in

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furtherance of this agreement, such as the document represented by docket entries 20 and 21,

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often contain information as to the whereabouts of current or former CDCR employees including

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residential addresses. The court has agreed that this information will only be used by the court to
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facilitate service of process and will not be made public to the extent a plaintiff’s ability to pursue

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his claims will not be impacted. For all of these reasons, and because, at this point, plaintiff does

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not require any of the information included in the document identified to pursue his remaining

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claims, plaintiff’s request for a copy of the document will be denied.

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Also, this action is proceeding under the court’s “Post-Screening ADR Project.”

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Accordingly, the court will most likely hold a settlement conference prior to permitting discovery.

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Plaintiff requests that the court not hold a settlement conference until all defendants are served.

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Plaintiff does not indicate why he makes this request.

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Plaintiff’s request will be denied as there is not good cause to delay a settlement

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conference with respect to all claims simply because one defendant or a few defendants have not

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been served. Furthermore, it may be possible for plaintiff to negotiate with respect to all of his

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claims even if certain defendants have not been served if plaintiff, the Attorney General and

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CDCR are agreeable to that.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for a copy of the document represented by docket entries 20 and 21

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is denied.
2. Plaintiff’s request that the court not hold a settlement conference in this action until all

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defendants are served is denied.

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Dated: December 11, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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goin0034.ssc

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