Metcalfe v. State of California Department of Corrections & Rehabilitation, et al

Filing 42

ORDER DENYING REQUEST FOR 30 DAY EXTENSION. Signed by Judge Lucy H. Koh on July 26, 2013. (lhklc1, COURT STAFF) (Filed on 7/26/2013)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 RONALD METCALFE, ) ) Plaintiff, ) ) v. ) ) CALIFORNIA DEPARTMENT OF ) CORRECTIONS & REHABILITATION; ) SALINAS VALLEY STATE PRISON (“SVSP”)) WARDEN A. HEDGPETH; FORMER SVSP ) WARDEN M. EVANS; FORMER SVSP CHIEF ) DEPUTY WARDEN G. NEOTTI; FORMER ) SVSP CHIEF DEPUTY WARDEN G. LEWIS; ) CORRECTIONAL TRAINING FACILITY ) (“CTF”) WARDEN R. GROUNDS; FORMER ) CTF WARDEN(A) C. NOLL; and DOES 1 ) THROUGH 50 INCLUSIVE, ) ) Defendants. ) ) Case No.: 5:12-CV-1445-LHK ORDER DENYING REQUEST FOR 30 DAY EXTENSION 21 On February 19, 2013, Plaintiff Ronald Metcalfe filed a status report in which Plaintiff 22 stated “that at the mediation conducted in this case on Friday, February 15, 2013, a conditional 23 settlement of the entire action was reached, subject to internal approvals within CDCR, necessary 24 governmental approvals, and execution of a formal settlement agreement and release in proper 25 form.” ECF No. 32. Plaintiff requested that the case management conference scheduled for 26 February 20, 2013 be continued for thirty days. See id. Over the past six months, the parties have 27 filed numerous requests that the Case Management Conference in this matter be continued so that 28 CDCR could approve the settlement agreement and so that this case could be dismissed. ECF Nos. 1 Case No.: 12-CV-1445 ORDER DENYING REQUEST FOR 30 DAY EXTENSION 1 34, 37, 39. Each time, the parties have represented that Plaintiff will dismiss this case and re-file in 2 state court if CDCR does not approve the settlement. See id. 3 On July 24, 2013, the parties filed a status report in which the parties state that CDCR has 4 decided not to approve the settlement agreement. ECF No. 41. The parties request yet another 30 5 day extension of time so that they can have further settlement discussions. The parties request for a 6 30 day extension is DENIED. The Court hereby ORDERS that, by noon on July 29, 2013, Plaintiff 7 shall file a stipulation of dismissal. If Plaintiff does not file a stipulation of dismissal, the parties 8 must file a Joint Case Management Conference Statement (“JCMS”) by the same date and time. 9 The Case Management Conference scheduled for July 31, 2013 at 2:00 p.m. remains as set. In the United States District Court For the Northern District of California 10 parties’ JCMS the parties should propose a new schedule for this matter. 11 IT IS SO ORDERED. 12 Dated: July 25, 2013 26, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-1445 ORDER DENYING REQUEST FOR 30 DAY EXTENSION _________________________________ LUCY H. KOH United States District Judge

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