Goldstein v. Sillen

Filing 331

ORDER by Judge ARMSTRONG denying 320 Motion for EXTENSION OF TIME TO CONDUCT SETTLEMENT CONFERENCE (lrc, COURT STAFF) (Filed on 7/21/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DARRYL LEE GOLDSTEIN,

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No. C 07-05958 SBA (PR)

Plaintiff,

ORDER DENYING DEFENDANTS'
MOTION FOR EXTENSION OF TIME TO
CONDUCT SETTLEMENT CONFERENCE;
AND DENYING THEIR REQUEST TO
APPEAR TELEPHONICALLY

v.
ROBERT SILLEN, et al.,

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Defendants.

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(Docket no. 320)

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The Northern District of California has established a Pro Se Prisoner Settlement Program.
Certain prisoner civil rights cases may be referred to a neutral magistrate judge for prisoner

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For the Northern District of California

United States District Court

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settlement proceedings. The proceedings will consist of one or more conferences as determined by

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Magistrate Judge Nandor Vadas. The conferences shall be conducted at California State Prison -

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Solano.

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On March 10, 2010, the present pro se civil right action was referred to Magistrate Judge

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Vadas for settlement proceedings pursuant to the Pro Se Prisoner Settlement Program. On August

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3, 2010, the parties met for a settlement conference and were unable to reach an agreement.

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On August 25, 2010, the Court referred the case for further settlement proceedings before

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Judge Vadas. On December 29, 2010, a settlement conference was held, and the case was

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partially settled with respect to Defendant Tootell. At that settlement conference, the remaining

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Defendants claim they extended "a extremely generous settlement offer" to Plaintiff. (Defs.' EOT

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Req. at 2.) However, Plaintiff declined it.

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In an Order dated March 31, 2011, the present case was referred again to Magistrate Judge

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Vadas for further settlement proceedings. The settlement conference was set to take place on June 1,

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2011.

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On April 21, 2011, Defendants requested that the June 1, 2011 settlement conference be

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continued. On that same day, the Court granted Defendants' request and rescheduled the settlement

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conference for July 26, 2011.

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On July 13, 2011 -- less than two weeks before the July 26, 2011 settlement conference --

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Defendants filed a joint motion for an extension of time to conduct the settlement conference.

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Defendants also request that their attorneys be allowed to attend the settlement conference

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telephonically.

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Having considered the papers filed in support of the Defendants' request for an extension, the

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Court finds that an extension of time to conduct the settlement conference is inappropriate.

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Defendants have already received a previous two-month extension, and their current request is

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untimely. Furthermore, Defendants do not give sufficient reasons to warrant allowing them to attend

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the settlement conference telephonically.
Accordingly, IT IS HEREBY ORDERED that Defendants' motion for an extension of time to

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For the Northern District of California

United States District Court

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conduct the settlement conference (docket no. 320) is DENIED. Defendants' request to appear

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telephonically is also DENIED. The settlement conference will be held as scheduled on Tuesday,

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July 26, 2011 at 9:00 AM. It shall be conducted at California State Prison - Solano with

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Defendants and/or the representative for Defendants attending in person.

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The Clerk of the Court shall serve a copy of this Order on Magistrate Judge Vadas in Eureka,
California.

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This Order terminates Docket no. 320.

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IT IS SO ORDERED.

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DATED:

7/21/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\CR.07\Goldstein5958.denying2ndEOT-settlement.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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DARRYL L. GOLDSTEIN,
Case Number: CV07-05958 SBA
Plaintiff,

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For the Northern District of California

United States District Court

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CERTIFICATE OF SERVICE
v.
ROBERT SILLEN, ET AL. et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 21, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Darryl Lee Goldstein P-79097
California State Prison - Solano
2100 Peabody Rd.
P.O. Box 4000
Vacaville, CA 95696
Dated: July 21, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\CR.07\Goldstein5958.denying2ndEOT-settlement.wpd

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