Brown v. Phillips et al

Filing 104

ORDER granting 103 Motion for Court-Hosted Settlement Conference.The Amended Pretrial Order and Case Management Plan, (Doc. No. 102), is VACATED. The Writ of Habeas Corpus ad Testificandum, (Doc. No. 101), is VACATED. The parties shall file a Notice within 20 days of this Order informing the Court whether arrangements can be made for the incarcerated Plaintiff to appear at the settlement conference via teleconference. Signed by Chief Judge Frank D. Whitney on 9/23/19. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-561-FDW
EDWARD EARL BROWN, JR.,

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Plaintiff,
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vs.
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ALEJANDRO PHILLIPS, et al.,
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Defendants.
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___________________________________ )

ORDER

THIS MATTER comes before the Court on the parties’ Joint Motion for Court-Hosted
Settlement Conference. (Doc. No. 103).
This case is presently set for a pretrial conference on October 1, 2019 and for a jury trial in
the term beginning November 4, 2019. (Doc. No. 102). The parties now request a court-hosted
settlement conference because they believe that such may assist in the resolution of this matter.
(Doc. No. 103).
The parties’ Motion will be granted and this case will be referred to Magistrate Judge David
Cayer for purposes of a Court-Hosted Settlement Conference that will take place on November
19, 2019 in the Charlotte Courthouse, 401 West Trade Street. The courtroom number and time will
be determined at a later date. The parties shall file a Notice, within 20 days of this Order, informing
the Court whether arrangements can be made for the incarcerated Plaintiff to appear at the
settlement conference via teleconference.
The Amended Pretrial Order and Case Management Plan, (Doc. No. 102), and Writ of
Habeas Corpus ad Testificandum, (Doc. No. 101), will be vacated and will be rescheduled by a
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separate Order if necessary.
IT IS THEREFORE ORDERED that:
1. The Amended Pretrial Order and Case Management Plan, (Doc. No. 102), is
VACATED.
2. The Writ of Habeas Corpus ad Testificandum, (Doc. No. 101), is VACATED.
3. The parties’ Joint Motion for Court-Hosted Settlement Conference, (Doc. No. 103), is
GRANTED.
4. This case is referred to Magistrate Judge Cayer for a Court-Hosted Settlement
Conference that will be held on November 19, 2019.
5. The parties shall file a Notice within 20 days of this Order informing the Court whether
arrangements can be made for the incarcerated Plaintiff to appear at the settlement
conference via teleconference.
6. IT IS FURTHER ORDERED that the Clerk of Court is directed to mail a copy of this
Order to all parties, the U.S. Marshal, and the Warden of Maury Correctional
Institution, PO Box 506, Maury, NC 28554.

Signed: September 23, 2019

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