(PC) Williams v. Spearman et al
ORDER signed by Magistrate Judge Deborah Barnes on 2/17/2021 ORDERING Plaintiff to file with the court, and serve on defendant Fannon, the statement described in this order within 20 days of the date of this order and ORDERING if Plaintiff states that a settlement conference would be useful, within 14 days of the date Plaintiff serves his statement on defendant Fannon, defendant Fannon to file with the court the statement described in this order. (Henshaw, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:19-cv-0486 MCE DB P
Plaintiff is a state prisoner who alleges defendant used excessive force in violation of
plaintiff’s Eighth Amendment rights. Both parties are proceeding pro se. Defendant has
requested a settlement conference.
This court requires information from both parties before scheduling a settlement
conference. First, plaintiff must agree that a settlement conference would be useful at this time.
Second, both parties must inform the court whether they will waive any claim of disqualification
from having the undersigned magistrate judge conduct the settlement conference. If a party does
not waive any claim of disqualification, and if both parties agree to a settlement conference, then
a settlement conference will be scheduled before a different magistrate judge. Third, defendant
must inform the court whether he has access to Zoom video conferencing. Due to the ongoing
COVID-19 pandemic, the court is not holding settlement conferences in person. Instead, the
conference will be held through video conferencing. The court can arrange for plaintiff’s
appearance at a video conference but requires confirmation that defendant can participate through
that method as well.
Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:
1. Within twenty days of the date of this order, plaintiff shall file with the court, and serve
on defendant Fannon, the following statement:
a. Whether plaintiff does, or does not, feel a settlement conference would be
useful at this time; and
b. If plaintiff feels a settlement conference would be useful, he shall state whether
he waives any claim of disqualification from having the undersigned magistrate judge
conduct the settlement conference.
2. If plaintiff states that a settlement conference would be useful, within fourteen days of
the date plaintiff serves his statement1 on defendant Fannon, defendant Fannon shall file with the
court, and serve on plaintiff, the following statement:
a. Whether defendant has access to Zoom video conferencing;
b. Whether defendant waives any claim of disqualification from having the
undersigned magistrate judge conduct the settlement conference.
3. After receipt of the parties’ statements, and if both parties agree to a settlement
conference, the court will schedule one.
Dated: February 17, 2021
DB/prisoner-civil rights/will0486.sett conf confirm
Plaintiff accomplishes service on defendant on the date he provides his statement to prison
authorities for mailing to defendant Fannon.
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