Ballard v. Hatley et al

Filing 88

ORDER: Defendants shall notify the Court within 14 days of this Order whether they consent to a judicial settlement conference in this matter. Signed by Chief Judge Martin Reidinger on 12/7/2020. (Response to this Order due by 12/22/2020.) (Pro se litigant served by US Mail.) (maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00393-MR
ROBERT BALLARD,

)
)
Plaintiff,
)
)
vs.
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FNU HATLEY, et al.
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on Plaintiff’s “Motion to Settlement
Conference.” [Doc. 87].
On October 1, 2020, the parties were ordered to notify the Court within
fourteen (14) days of that Order whether they consent for this Court to hold
a judicial settlement conference pursuant to Local Civil Rule 16.3(d) in an
effort to settle this matter without a trial. Neither party timely responded to
the Court’s Order. The Court, therefore, ordered that this matter will proceed
to trial as set on or after March 8, 2021 in accordance with the previous Order
of this Court. [Doc. 86].
Plaintiff now moves the Court “to set a date for a settlement
conference.” [Doc. 87]. Plaintiff states that his “motion has been delayed
because Plaintiff has been very sick with an infection in his body.” [Id. at 1].

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Plaintiff further states that he has been bedridden for over two years and that
his doctor “does not feel [that Plaintiff] could make the trip [from Raleigh,
North Carolina] without having health issues.” [Id.]. Plaintiff also states that
he cannot sit in a chair for more than 30 minutes at a time. [Id. at 2].
The Court will, therefore, again order Defendants to notify the Court
within 14 days whether they consent to judicial settlement conference in this
matter pursuant to Local Civil Rule 16.3(d). Defendants shall respond
within 14 days regardless of whether they so consent. Defendants are
strongly encouraged to consent to the conduct of a judicial settlement
conference in this matter, not only because of Plaintiff’s medical condition
and the difficulties inherent in conducting a trial, but also because of the
current Covid-19 pandemic and the general promotion of judicial economy.
Furthermore, as Defendants are aware, participation in a judicial settlement
conference does not foreclose a trial; it merely provides the parties additional
opportunity to settle this case without a trial.
ORDER
IT IS THEREFORE ORDERED that Defendants shall notify the Court
within fourteen (14) days of this Order whether they consent to a judicial
settlement conference in this matter.

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IT IS SO ORDERED.
Signed: December 7, 2020

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