Silverman v. Mendiburu et al

Filing 72

ORDER ON REMAND; REFERRING CASE TO SETTLEMENT PROCEEDINGS; STAYING CASE; INSTRUCTIONS TO CLERK. Signed by Judge Beth Labson Freeman on 12/4/2019. (Attachments: # 1 Certificate/Proof of Service)(tshS, COURT STAFF) (Filed on 12/4/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JACOB SILVERMAN,
United States District Court
Northern District of California

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Plaintiff,
v.

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MENDIBURU, et al.,

Case No. 17-01146 BLF (PR)
ORDER ON REMAND; REFERRING
CASE TO SETTLEMENT
PROCEEDINGS; STAYING CASE;
INSTRUCTIONS TO CLERK

Defendants.

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Plaintiff, a California state prisoner, filed a civil rights complaint in pro se pursuant

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to 42 U.S.C. § 1983. On May 10, 2018, the Court granted Defendants’ motion for

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summary judgment and dismissed Plaintiff’s excessive force claim; judgment was entered

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the same day. (Docket Nos. 48 & 49.) Plaintiff appealed the matter. (Docket No. 56.)

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The Ninth Circuit found that Plaintiff had submitted competent evidence which was not

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considered by the district court in ruling on Defendants’ motion for summary judgment

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and remanded the matter for further proceedings. (Docket No. 71.)

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The Court has established a Pro Se Prisoner Settlement Program under which

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certain prisoner civil rights cases may be referred to a neutral Magistrate Judge for

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settlement. Because there is a dispute of facts as to whether Defendants violated Plaintiff’s

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constitutional rights, the Court finds the instant matter suitable for settlement proceedings.

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Accordingly, the instant action will be referred to a neutral Magistrate Judge for mediation

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under the Pro Se Prisoner Settlement Program.

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CONCLUSION

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For the reasons stated above, the instant case is REFERRED to Judge Robert M.

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Illman pursuant to the Pro Se Prisoner Settlement Program for settlement proceedings on

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the claims in this action, as described above. The proceedings shall take place within

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ninety (90) days of the filing date of this order. Judge Illman shall coordinate a time and

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date for a settlement conference with all interested parties or their representatives and,
within ten (10) days after the conclusion of the settlement proceedings, file with the court a

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United States District Court
Northern District of California

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report regarding the prisoner settlement proceedings.

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Other than the settlement proceedings ordered herein, and any matters Magistrate

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Judge Illman deems necessary to conduct such proceedings, this action is hereby

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STAYED until further order by the court following the resolution of the settlement

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proceedings.

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The Clerk shall mail a copy of this order to Magistrate Judge Illman in Eureka,
California.

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IT IS SO ORDERED.

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Dated: _December 4, 2019_

________________________
BETH LABSON FREEMAN
United States District Judge

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On Remand; Refer to Settlement Proceedings
PRO-SE\BLF\CR.17\01146Silverman_refer-Illman

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