IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 6, 2009
DANNY GEROME YOUNG, PLAINTIFF,
J. PULSIPHER, DEFENDANT.
This matter is currently set for jury trial on January 12, 2009 at 10:00 a.m. Plaintiff has requested a continuance of the trial date in order to pursue settlement; he has also asked leave to file an amended complaint.
Defendant does not oppose the continuance or the referral to Magistrate Judge Nandor Vadas for settlement; he does oppose plaintiff's request to amend the complaint.
Although the court will not address the motion to amend the complaint at this time, the motion for a continuance to allow for a further settlement conference is appropriate.
IT IS THEREFORE ORDERED:
1. The jury trial date of January 12, 2009 is hereby vacated;
2. The writ of habeas corpus ad testificandum issued December 30, 2008 for Danny Gerome Young, C-53235 is hereby vacated;
3. The Clerk of the Court is directed to serve a copy of this order on Michael S. Evans, Warden, Salinas Valley State Prison, 31625 Highway 101, Soledad, CA 93960 and on the Out-To-Court Desk, California State Prison -Sacramento, P.O. Box 290007, Represa, California 95671;
4. The case is referred to Magistrate Judge Nandor Vadas for a settlement conference. The parties are directed to contact Gloria Masterson, Courtroom Deputy to Magistrate Judge Vadas, within ten days of the filed date of this order to arrange a date for the settlement conference and shall file a letter on the docket memorializing the date;
5. The Clerk of the Court is directed to send a copy of the instant order to Magistrate Judge Nandor Vadas, Northern District of California, 514 H Street, Eureka, California 95501-1038;
6. Magistrate Judge Nandor Vadas shall file a report on the docket in this case, within twenty days of the settlement conference, indicating the outcome of the settlement proceedings; and
7. The case is set for a status conference on February 25, 2009 at 10:00 a.m. in Courtroom 26.
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