(PC) Williams v. Spearman et al

Filing 39

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)

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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 GENTRY WILLIAMS, 12 13 14 15 No. 2:19-cv-0486 MCE DB P Plaintiff, v. ORDER J. FANNON, Defendant. 16 17 Plaintiff is a state prisoner who alleges defendant used excessive force in violation of 18 plaintiff’s Eighth Amendment rights. Both parties are proceeding pro se. Defendant has 19 requested a settlement conference. 20 This court requires information from both parties before scheduling a settlement 21 conference. First, plaintiff must agree that a settlement conference would be useful at this time. 22 Second, both parties must inform the court whether they will waive any claim of disqualification 23 from having the undersigned magistrate judge conduct the settlement conference. If a party does 24 not waive any claim of disqualification, and if both parties agree to a settlement conference, then 25 a settlement conference will be scheduled before a different magistrate judge. Third, defendant 26 must inform the court whether he has access to Zoom video conferencing. Due to the ongoing 27 COVID-19 pandemic, the court is not holding settlement conferences in person. Instead, the 28 conference will be held through video conferencing. The court can arrange for plaintiff’s 1 1 appearance at a video conference but requires confirmation that defendant can participate through 2 that method as well. 3 Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows: 4 1. Within twenty days of the date of this order, plaintiff shall file with the court, and serve 5 on defendant Fannon, the following statement: 6 a. Whether plaintiff does, or does not, feel a settlement conference would be 7 useful at this time; and 8 b. If plaintiff feels a settlement conference would be useful, he shall state whether 9 he waives any claim of disqualification from having the undersigned magistrate judge 10 conduct the settlement conference. 11 2. If plaintiff states that a settlement conference would be useful, within fourteen days of 12 the date plaintiff serves his statement1 on defendant Fannon, defendant Fannon shall file with the 13 court, and serve on plaintiff, the following statement: 14 a. Whether defendant has access to Zoom video conferencing; 15 b. Whether defendant waives any claim of disqualification from having the 16 undersigned magistrate judge conduct the settlement conference. 17 3. After receipt of the parties’ statements, and if both parties agree to a settlement 18 conference, the court will schedule one. 19 Dated: February 17, 2021 20 21 DLB:9 DB/prisoner-civil rights/will0486.sett conf confirm 22 23 24 25 26 27 28 1 Plaintiff accomplishes service on defendant on the date he provides his statement to prison authorities for mailing to defendant Fannon. 2

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