Milton v. Jacquez et al

Filing 46

ORDER DENYING PLAINTIFF'S REQUEST TO NOT PARTICIPATE IN SETTLEMENT CONFERENCE INSTRUCTIONS TO THE CLERK. Signed by Judge William Alsup on 4/18/2012. (Attachments: # 1 Certificate/Proof of Service)(kns, COURT STAFF) (Filed on 4/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERT S. MILTON,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 09-5785 WHA (PR)
ORDER DENYING PLAINTIFF’S
REQUEST TO NOT PARTICIPATE
IN SETTLEMENT CONFERENCE;
INSTRUCTIONS TO CLERK

v.
F. JACQUEZ, Warden; M. CATE,
Secretary of the California Department
of Corrections and Rehabilitation;
C.M. PATTEN, Captain; J. AKIN,
Lieutenant; D. W. BRADBURY,
Associate Warden; CHAUCER,
Sergeant; J. FRISK, Sergeant; C.
PARRY, Lieutenant,

(Docket No. 45)

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Defendants.
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Plaintiff, a California prisoner at California State Prison, Sacramento, filed a pro se civil
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rights complaint under 42 U.S.C. 1983. On September 13, 2011, defendants’ motion for
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summary judgment was denied and the case was referred Magistrate Judge Vadas to conduct
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mediation proceedings pursuant to the Pro Se Prisoner Mediation Program. Judge Vadas was
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ordered to complete the mediation proceedings within 120 days, and he set the settlement
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conference for October 25, 2011. Judge Vadas then vacated that conference date because
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prison officials would not transport plaintiff due to his placement in the Secured Housing Unit
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(“SHU”). The deadline for the settlement conference was extended to March 31, 2012, and on
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March 9, 2012, Judge Vadas reset the settlement conference for 9:00 a.m. on May 11, 2012 at
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California State Prison -- Sacramento. Good cause appearing, the deadline for holding the
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settlement conference is extended to and including May 11, 2012, and for as long thereafter as

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Judge Vadas deems necessary to complete the proceedings. Within seven days after the

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conclusion of the mediation proceedings, Judge Vadas shall file a report of the proceedings.

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Plaintiff has filed a request to not be required to participate in the mediation proceedings

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because he believes that no settlement conference will be held until he is released from the SHU

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and that his case is “in limbo.” This concern is unfounded because, as noted above, a settlement

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conference is currently scheduled to take place on May 11, 2012, at 9:00 a.m. at plaintiff’s

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prison. The clerk shall send plaintiff another copy of the order of March 9, 2012 (docket

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number 42). Plaintiff also states that he and defendant’s attorney, Jonathan Paul, have tried in

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vain to settle this case in the past. This may well change when the parties have the assistance of
a trained and experienced mediator. Plaintiff’s motion to not be required to participate in the

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For the Northern District of California

United States District Court

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mediation proceedings (docket number 45) is Denied. Plaintiff and Mr. Paul, or whoever

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represents defendants, shall participate in the mediation proceedings in good faith.

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IT IS SO ORDERED.
Dated: April 18, 2012

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\WHA\CR.09\MILTON5785.MOT2.wpd

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