Tate v. Andres

Filing 90

ORDER signed by Magistrate Judge Allison Claire on 09/01/22 ORDERING that within 14 days of the service of this order, any party may request that the settlement conference be conducted by a magistrate judge other than the undersigned. If no party requests a different magistrate judge, a settlementconference will be scheduled before the undersigned.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEREK TATE,

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Plaintiff,

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No. 2:18-cv-0822 KJM AC P

v.

ORDER

J. ANDRES,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action pursuant to 42 U.S.C. § 1983. Defendant moved for partial summary judgment and sought

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dismissal of plaintiff’s retaliation claim. ECF No. 72. The motion was granted, and plaintiff’s

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retaliation claim has been dismissed. ECF No. 89. This case is therefore ready to proceed to trial

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on plaintiff’s excessive force claim. Id. However, the court has determined that this case would

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benefit from a settlement conference before pretrial and trial dates are set. Therefore, this case

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will be scheduled for a settlement conference. Under Local Rule 270(b), because the undersigned

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is not the trial judge, the undersigned may conduct the settlement conference, “except that, at the

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time the settlement conference is scheduled or as otherwise ordered by the Court, any party may

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request that the conference not be conducted by the assigned Magistrate Judge.”

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the service of this

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order, any party may request that the settlement conference be conducted by a magistrate judge

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other than the undersigned. If no party requests a different magistrate judge, a settlement

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conference will be scheduled before the undersigned.

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DATED: September 1, 2022

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