King v. Fiero et al

Filing 16

ORDER Denying 15 Motion for Settlement Conference without Prejudice as Premature. Signed by Magistrate Judge Allison H. Goddard on 6/3/2021. (All non-registered users served via U.S. Mail Service) (tcf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TRISTIN D. KING, Case No.: 3:20-cv-1254-JLS-AHG Plaintiff, 12 13 v. 14 ORDER DENYING MOTION FOR SETTLEMENT CONFERENCE WITHOUT PREJUDICE AS PREMATURE C/O FIERO and C/O WOLLESON, 15 Defendants. [ECF No. 15] 16 17 18 19 20 21 22 23 24 25 26 27 28 1 3:20-cv-1254-JLS-AHG 1 This matter comes before the Court on Plaintiff’s Notice of Motion and Request for 2 Arbitration, Mediation, and/or Settlement Conference. ECF No. 15. Plaintiff requests that 3 the Court schedule a settlement conference in this case. Id. 4 The Court finds that Plaintiff’s request is premature in light of Defendants’ pending 5 Motion to Dismiss Plaintiff’s Complaint for failure to state a claim (ECF No. 9). Local 6 Rule 16.1(c) provides that the Court schedule an Early Neutral Evaluation Conference 7 (“ENE”) (which is an early opportunity to discuss settlement) within forty-five (45) days 8 of the filing of the first answer. CivLR 16.1(c).1 9 10 Accordingly, Plaintiff’s Motion (ECF No. 15) is DENIED as premature. The Court will consider setting an ENE if and when an answer is filed in the case. 11 IT IS SO ORDERED. 12 13 14 Dated: June 3, 2021 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Local Rule 16.1(e) further provides that ENEs will not be set in Section 1983 cases, at the discretion of the judge assigned to the case. However, although the present case arises under Section 1983, the undersigned will consider setting an ENE in this action if the Motion to Dismiss is denied and an answer is filed. 1 2 3:20-cv-1254-JLS-AHG

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