Smith v. Lytle

Filing 51

ORDER: A judicial settlement conference is set for Tuesday, 11/9/2021 from 9:00 a.m. to 11:00 a.m. The conference will be conducted by telephone. Defense counsel shall ensure that the Warden and/or Plaintiff's case manag er at Foothills Correctional Institution receive notice of the conference, including call-in information and a copy of this Order. The Clerk is respectfully directed to certify a copy of this Order to the Warden at Foothills Correctional Institution. Signed by Magistrate Judge W. Carleton Metcalf on 10/4/2021. (Pro se litigant served by US Mail.)(rhf) Modified text on 10/4/2021 (rhf). (Main Document 51 replaced on 10/4/2021) (rhf).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:19-cv-00260-MR
S. SHANE SMITH,
Plaintiff,
v.
JUSTIN LYTLE
Correctional Food Service Officer,
Defendant.
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ORDER

This matter is before the undersigned following the Order of the District
Court referring this case for a judicial settlement conference. Doc. 49.
A judicial settlement conference is set for Tuesday, November 9, 2021
from 9:00 a.m. to 11:00 a.m.
The conference will be conducted by telephone. Call-in information will
be provided to Defendant by separate communication, and defense counsel is
responsible for ensuring that Plaintiff, through notice to the Warden and/or
Plaintiff’s case manager at Plaintiff’s present place of incarceration, receives a
copy of this Order and the call-in information.
Plaintiff shall participate in the conference from Foothills Correctional
Institution, Plaintiff’s present place of incarceration. Foothills Correctional
Institution shall ensure that the necessary accommodations are made to allow

Plaintiff to participate in the settlement conference. To the extent possible,
Plaintiff shall be allowed to participate in the settlement conference in a
private setting and with access to his case materials.
Defendant and his counsel may participate in the conference from any
location they deem appropriate, provided that Defendant and his counsel
participate using a single conference line. Further, in accordance with this
district’s Local Civil Rule 16.3(d)(2), a person with full authority (not including
counsel of record) to settle all pending claims must also participate in the
conference on behalf of Defendant, to the extent Defendant himself does not
have such authority. Any such person shall also participate using the same
conference line as Defendant and his counsel.
Any request seeking permission to modify the terms of this Order shall
be filed no later than November 2, 2021 or be subject to summary denial.
Defense counsel shall ensure that the Warden and/or Plaintiff’s case
manager at Foothills Correctional Institution receive notice of the conference,
including call-in information and a copy of this Order.

The Clerk is respectfully directed to certify a copy of this Order to the
Warden at Foothills Correctional Institution.
It is so ordered.

Signed: October 4, 2021