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Winzer v. Andrews

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 16, 2009

FREDERICK WINZER, PLAINTIFF,
v.
RAYMOND ANDREWS, ET AL., DEFENDANTS.

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

ORDER FOLLOWING TELEPHONIC STATUS HEARING HELD ON OCTOBER 15, 2009, AT 11:00 A.M.

This is a civil rights action filed on May 23, 2003, pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) by Plaintiff Frederick Winzer, a federal prisoner proceeding pro se. On October 15, 2009, at 11:00 a.m., the Court held a telephonic status conference following notice to the Court that the parties reached a settlement agreement, but Plaintiff wishes to withdraw from that agreement and to have Phillip Bourdette removed as his counsel of record.

Plaintiff, Mr. Bourdette, and Defendants' counsel, Douglas Gosling, appeared by telephone, and Mr. Gosling was subsequently excused to allow the Court to speak candidly with Plaintiff and Mr. Bourdette regarding the issues that had arisen. As a result of the discussion, Plaintiff and Mr. Bourdette agreed that Plaintiff would contact Mr. Bourdette by telephone on October 16, 2009, at 9:00 a.m. The Court requests that Mr. Bourdette notify Mr. Gosling as soon as practicable regarding Plaintiff's decision on the pending settlement offer and/or Plaintiff's current position on the status of these proceedings.

The parties are reminded that the amended scheduling order filed on June 2, 2009, remains in effect until and unless the Court receives notice that this case has settled.

IT IS SO ORDERED.

20091016

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