Frazier v. Baxter et al

Filing 76

ORDER denying 73 Motion for settlement conference. Signed by Magistrate Judge James E. Gates on 3/24/2015. Order mailed to plaintiff via US Mail at Big Sandy - U.S.P., P.O. Box 2068, Inez, KY 41224. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
5:13-CV-138-BR
KEITH EDWARD FRAZIER,
Plaintiff,
v.
JEFFREY BAXTER, CHARLES FARRAR,
JESSE DICKINSON, JERRY SEIGHMAN,
ISAAC BARRETT, CITY OF
WASHINGTON, CITY OF GREENVILLE,
Defendants.

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ORDER

This case, brought by pro se plaintiff Keith Edward Frazier (“plaintiff”), comes before
the court on his motion (D.E. 73) for a settlement conference. Defendant Jerry Seighman
(“defendant”), the only remaining defendant, opposes the motion. (See D.E. 74).
The court finds that the record does not presently demonstrate a sufficient likelihood that
a settlement conference would be productive to merit the convening of a conference. Aside from
defendant’s opposition, a scheduling order has not yet been entered and therefore no discovery
has yet been undertaken.

The record does not otherwise justify convening a settlement

conference at this this time.
Plaintiff’s motion for a court-hosted settlement conference is accordingly DENIED. This
denial is without prejudice to either party bringing such a motion in the future after a material
change in the circumstances of this case.
SO ORDERED, this the 24th day of March 2015.

_________________________
James E. Gates
United States Magistrate Judge