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PORTER v. TRAQUINA, 2:12-cv-2266 TLN DAD P. (2015)

Court: District Court, E.D. California Number: infdco20150721693 Visitors: 8
Filed: Jul. 20, 2015
Latest Update: Jul. 20, 2015
Summary: ORDER DALE A. DROZD , Magistrate Judge . Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. 1983. Neither party has filed a dispositive motion in this case, and the timing for doing so has now expired. In due course, the court will issue a further scheduling order setting dates for pretrial statements, pretrial conference, and jury trial. However, before issuing the scheduling order, the court will set a mandatory settlement c
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ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983.

Neither party has filed a dispositive motion in this case, and the timing for doing so has now expired. In due course, the court will issue a further scheduling order setting dates for pretrial statements, pretrial conference, and jury trial. However, before issuing the scheduling order, the court will set a mandatory settlement conference in this case. If available, the court may order that plaintiff participate in the settlement conference by way of video-conferencing. Pursuant to Local Rule 270(b), the parties will be directed to inform the court in writing as to whether they wish to proceed with the settlement conference before the undersigned magistrate judge or if they wish to be referred to the court's mediation program.

Accordingly, IT IS HEREBY ORDERED that:

1. Within twenty-one days of the date of this order, each party shall inform the court in writing as to whether they wish to proceed with the settlement conference before the undersigned magistrate judge or if they wish to be referred to the court's mediation program. If the parties wish to proceed before the undersigned magistrate judge, each party shall return to the court the consent form for settlement conferences provided with this order. If the parties do not wish the undersigned magistrate judge to preside at the settlement conference, each party shall file a declaration stating he wishes to be referred to the court's mediation program; and

2. The Clerk of the Court is directed to send each party the consent form for settlement conferences.

NOTICE OF WAIVER OF DISQUALIFICATION OF SETTLEMENT JUDGE PURSUANT TO LOCAL RULE 270(b)

Plaintiff/Defendant Name hereby requests that the assigned Judge/Magistrate Judge participate in a settlement conference in this action and hereby waives any claim of disqualification of the assigned Judge/Magistrate Judge on that basis thereafter.

Source:  Leagle

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