Thornberry v. Bal, 2:17-CV-0953-TLN-DMC-P. (2020)
Court: District Court, E.D. California
Number: infdco20200130971
Visitors: 17
Filed: Jan. 29, 2020
Latest Update: Jan. 29, 2020
Summary: ORDER DENNIS M. COTA , Magistrate Judge . Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 1983. Pending before the court is plaintiff's request to stay proceedings and refer the matter to mediation. See ECF No. 86. Defendants have filed a response. See ECF No. 91. In his request, plaintiff seeks an order referring the matter to mediation or a court-supervised settlement conference and a stay of proceeding pending settlement efforts. In t
Summary: ORDER DENNIS M. COTA , Magistrate Judge . Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 1983. Pending before the court is plaintiff's request to stay proceedings and refer the matter to mediation. See ECF No. 86. Defendants have filed a response. See ECF No. 91. In his request, plaintiff seeks an order referring the matter to mediation or a court-supervised settlement conference and a stay of proceeding pending settlement efforts. In th..
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ORDER
DENNIS M. COTA, Magistrate Judge.
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's request to stay proceedings and refer the matter to mediation. See ECF No. 86. Defendants have filed a response. See ECF No. 91.
In his request, plaintiff seeks an order referring the matter to mediation or a court-supervised settlement conference and a stay of proceeding pending settlement efforts. In their response, defendants state they believe the matter can be resolved on summary judgment and do not consent to mediation or a settlement conference. Because not all parties agree to participate in mediation or a settlement conference, plaintiff's request is denied at this time. However, in the event defendants bring a motion for summary judgment and are not successful, either party is authorized and encouraged to file a further request for a settlement conference, notwithstanding the denial of the pending motion.
IT IS SO ORDERED.
Source: Leagle
