Jones v. Superintendent of Attica Correctional Facility et al

Filing 37

ORDER resolving 33 Motion and Scheduling Preliminary Pretrial Conference on October 30, 2012 at 10:00 a.m. Signed by Hon. H. Kenneth Schroeder, Jr on 9/26/2012. (KER)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

EVERETT JONES, 07-A-5636,
Plaintiff,

10-CV-0823(Sr)

v.
SUPERINTENDENT OF ATTICA
CORRECTIONAL FACILITY,
SERGEANT COCHRAN and
R.N. HAWLEY,

ORDER OF PRELIMINARY
PRETRIAL CONFERENCE

Defendants.

A preliminary pretrial conference will be held by telephone on October 30,
2012 at 10:00 a.m.

At the conference, the parties shall be expected to discuss all pretrial
matters referred to in Rule 16(a), (b), (c) and (e) of the Federal Rules of Civil
Procedure, and Local Rule 16.1. In particular, the parties shall be expected to discuss
the possibility of an early settlement of the action without the necessity of further
proceedings. The parties will also inform the court about the status of all discovery
which either has been completed or scheduled as of the date of the conference.

The Attorney General should contact the Clinton Correctional Facility and
arrange for the plaintiff to have access to a telephone and plaintiff’s legal papers at that
time. The Attorney General should contact the Magistrate Judge’s Chambers prior to

the conference with the telephone number and extension of the plaintiff. The Court
will initiate the call. Defendants’ counsel need not appear personally but can
participate by telephone from his or her office.

The Magistrate Judge is available to conduct any or all proceedings in a
jury or non-jury civil matter and to order the entry of judgment in the case pursuant to 28
U.S.C. §636(c). Attached hereto is a Notice or Right to Consent to Disposition of a Civil
Case by a United States Magistrate Judge, together with a consent form, for
consideration by the parties. The parties are encouraged to consider and act
favorably on such consents; however, it is emphasized that there will be no
substantive adverse consequences should the parties elect not to do so. Counsel
are directed to discuss this option with their clients prior to the scheduled pretrial
conference in this case and advise the Court at the conference.

If any party believes that further discovery and/or settlement conferences
would serve any useful purpose, the party should advise my office and one will be
promptly scheduled.

Plaintiff should note that failure to respond to this order or to otherwise
comply with the Federal Rules of Civil Procedure or any other order of this court may

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result in a dismissal of this action on the merits. It is the plaintiff’s responsibility to keep
the court informed of his/her current address.

SO ORDERED.

DATED:

Buffalo, New York
September 26, 2012
S/ H. Kenneth Schroeder, Jr.
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge

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