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GRANT v. CATE, 2:14-cv-1867 MCE KJN P. (2015)

Court: District Court, E.D. California Number: infdco20151224725 Visitors: 19
Filed: Dec. 23, 2015
Latest Update: Dec. 23, 2015
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. 1983. Pending before the court is plaintiff's request for default judgment and motion to compel. (ECF Nos. 48, 51.) Request for Default Plaintiff requests that default be entered on grounds that defendants did not file a timely response to his complaint. On October 7, 2015, the Honorable Morrison C. England denied defendants' motion t
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ORDER

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's request for default judgment and motion to compel. (ECF Nos. 48, 51.)

Request for Default

Plaintiff requests that default be entered on grounds that defendants did not file a timely response to his complaint.

On October 7, 2015, the Honorable Morrison C. England denied defendants' motion to dismiss, in part, and directed defendants to file a response to the amended complaint within twenty days. (ECF No. 43.) October 27, 2015, defendants filed an answer to plaintiff's complaint. (ECF No. 46.) Because defendants filed a timely response to the amended complaint, plaintiff's request for default is denied. See Fed. R. Civ. P. 55.

Motion to Compel

Plaintiff requests that defendant be compelled to respond to his offer to settle the case for $300,000. (ECF No. 51.) Plaintiff requests an "arbitration conference," pursuant to Local Rule 270. (Id.)

In their opposition to plaintiff's motion to compel, defendants state that they believe that a settlement conference would be premature. (ECF No. 53.) Defendants state that plaintiff has yet to give a deposition, and that they believe that this action will be disposed of via a motion for summary judgment. (Id.)

The undersigned agrees that a settlement conference is premature. For this reason, plaintiff's motion to compel, construed as a motion requesting a settlement conference, is denied.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request for default (ECF No. 48) is denied;

2. Plaintiff's motion to compel (ECF No. 51) is denied.

Source:  Leagle

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