O'Connor v. Perez et al

Filing 36

ORDER signed by Magistrate Judge Deborah Barnes on 6/7/19 DENYING 35 Motion to Reduce Stay. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLENN O’CONNOR,

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No. 2:18-cv-1057 DB P

Plaintiff,

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v.

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W. PEREZ, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §

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1983. By order dated May 24, 2019, the court referred this case to the Post-Screening ADR

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(Alternative Dispute Resolution) Project. (ECF No. 33.) In cases referred to the ADR project the

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court imposes a 120 day stay in order to allow the parties to investigate and participate in a

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settlement conference.

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Plaintiff has filed a motion to shorten the stay in this action to sixty-days. (ECF No. 35.)

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In support of his motion plaintiff states that he is in poor health, the essential facts have already

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been gathered, and the stay will prevent him from filing a motion for summary judgment soon

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after defendants file an answer.

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The length of the stay is intended to allow both parties time to investigate, meet and

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confer, and to accommodate any scheduling issues. Additionally, depending on the court’s

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availability the stay may not last the full 120 days. Once plaintiff files the election form
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indicating whether he would like to attend the settlement conference in person or via video, the

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court will schedule the settlement conference. This action may be resolved by the settlement

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conference. However, if the case does not settle, the court will then direct defendants to file an

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answer and this action will proceed. Accordingly, the court finds that plaintiff has not shown

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good cause to reduce the stay.
IT IS HEREBY ORDERED that plaintiff’s motion to reduce the stay (ECF No. 35) is

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denied.

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Dated: June 7, 2019

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DLB:12
DLB:1/Orders/Prisoner/Civil.Rights/ocon1057.stay

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