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Quickframe Systems, Inc v. Anthony J. Godina; and

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


February 14, 2011

QUICKFRAME SYSTEMS, INC.,
A NEVADA CORPORATION PLAINTIFF,
v.
ANTHONY J. GODINA; AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER DENYING REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM

The parties have expressed their willingness to participate in the Voluntary Dispute Resolution Program. (Stip. and Prop'd Order, Dkt. No. 11.) The undersigned appreciates the parties' willingness to attempt to resolve the dispute. Unfortunately, the undersigned cannot refer this matter to the Voluntary Dispute Resolution Program ("VDRP") at this time, because the court's docket and the parties' stipulation (Dkt. No. 11) reflect that defendant Anthony J. Godina is proceeding without counsel and appearing pro se in this dispute. Eastern District Local Rule 271(a)(2)(ii) provides that civil disputes can be referred to VDRP "except. . . actions in which one of the parties is appearing pro se."

While the undersigned cannot refer the dispute to VDRP at this time, however, the undersigned would certainly entertain a stipulated request for an early settlement conference in accordance with Eastern District Local Rule 270. Pursuant to Local Rule 270(b), such a stipulated request could also include all parties' affirmative requests that the assigned Magistrate Judge participate in the settlement conference and, further, could include all parties' written waivers of any claims of disqualification to the assigned Magistrate Judge acting in the case thereafter.

For the foregoing reasons, IT IS HEREBY ORDERED that:

1. The parties' request for referral to the Voluntary Dispute Resolution Program is denied pursuant to Eastern District Local Rule 271(a)(2)(ii).

IT IS SO ORDERED.

20110214

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