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Buford v. Wasco State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 17, 2009

TIMOTHY BUFORD, PLAINTIFF,
v.
WASCO STATE PRISON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO SUBMIT BRIEF FOR TELEPHONIC STATUS CONFERENCE (Doc. 213)

ORDER FOLLOWING TELEPHONIC STATUS CONFERENCE, AND SETTING TELEPHONIC SETTLEMENT CONFERENCE

Confidential Settlement Conference Statements Due: March 6, 2009 Settlement Conference Date: March 11, 2009 Time: 10:30 a,m. Courtroom: 7 (SMS)

This action is proceeding on Plaintiff Timothy Buford's second amended complaint, filed January 8, 2004, against Defendants Carbajal, Bindel, Huertas, Dobbs, Cheatham, Leong, and Songer ("Defendants") for violation of 42 U.S.C. § 12132 (Americans with Disabilities Act). Mr. Buford ("Plaintiff") is proceeding pro se and his ADA claim arises from events which allegedly occurred when he was incarcerated at Wasco State Prison.

On February 17, 2009, at 10:00 a.m., the undersigned held a telephonic status conference.*fn1 As discussed during the hearing, the undersigned will hold a telephonic settlement conference on March 11, 2009, at 10:30 a.m. Both Plaintiff and Defendants' counsel shall call the Court separately at (559) 499-5690.*fn2

On or before March 6, 2009, the parties shall mail confidential settlement conference statements to: Chambers of United States Magistrate Judge Sandra M. Snyder, 2500 Tulare Street, Fresno, California, 93721. The parties shall mark the exterior of the envelope "Confidential." Plaintiff's written statement shall include the following information: (1) why Plaintiff believes he can prevail at trial against each of the defendants (e.g., what each defendant did and why that violated Plaintiff's rights under the ADA); (2) what Plaintiff's injuries and damages are as to each of the defendants; and (3) what Plaintiff's settlement demand is as to each of the defendants. Defendants' statement shall include but is not limited to identifying why they believe Plaintiff cannot prevail at trial, and what their settlement offer includes.

The deadline to file pretrial dispositive motions was January 9, 2009, and neither Plaintiff nor Defendants filed a motion. If this case does not settle, the Court will provide the parties one final opportunity to file motions and will set a new deadline. However, a new deadline will not be set until after the settlement conference. Because the current deadline has expired, no party may file a pretrial dispositive motion unless and until the Court sets a new deadline, and if any motion is filed prior to the Court setting a new deadline, the motion will be stricken from the record as untimely. Fed. R. Civ. P. 16(b).

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's motion for leave to file a brief for the telephonic status conference, filed January 29, 2009, is DENIED;

2. This matter is set for a telephonic settlement conference before the undersigned on March 11, 2009, at 10:30 a.m.;

3. Plaintiff and Defendants' counsel shall each call the Court separately at (559) 499-5690 on the day and time of the settlement conference;

4. On or before March 6, 2009, Plaintiff and Defendants' counsel shall each mail a confidential settlement conference statement to the address set forth in this order;

5. If this case does not settle, the Court will set a new pretrial dispositive motion deadline after the settlement conference; and

6. Unless and until a new deadline is set, no pretrial dispositive motions may be filed and if a motion is filed prior to a new deadline being set by the Court, it will be stricken from the record as untimely.

IT IS SO ORDERED.


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