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Chatman v. Tyner

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 9, 2010

CHARLES CHATMAN, PLAINTIFF,
v.
SERGEANT C. TYNER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER DENYING MOTION FOR SETTLEMENT CONFERENCE (Document #151)

Plaintiff Charles Chapman is proceeding with a prisoner civil rights action. This action is proceeding to trial on the following claims: (1) A First Amendment retaliation claim arising out of Plaintiff's placement in the SHU; (2) An Eighth Amendment claim in which Plaintiff alleges Defendant exposed him to freezing temperatures; and (3) An Eighth Amendment claim stemming from Plaintiff's placement and retention in a flooded cell.

Local Rule 270 (a) provides that a "settlement conference shall be held in all actions unless otherwise ordered by the Court on objection of a party or for other good cause." In this action, Plaintiff is incarcerated and Defendants' and their attorneys are located great distances from Plaintiff. At this time, Plaintiff has submitted a settlement demand to Defendants. Given the logistical concerns present in this case, the court will not require a court settlement conference unless at least one Defendant expresses an interest in a settlement conference. If any Defendant is interested in a court assisted settlement conference, they should contact the chambers of Magistrate Judge Sandra M. Snyder and a settlement conference will be arranged.

Accordingly, Plaintiff's motion for a court ordered settlement conference is DENIED.

IT IS SO ORDERED.

20100209

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