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Jose Avina v. Crondagar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 6, 2011

JOSE AVINA,
PLAINTIFF,
v.
CRONDAGAR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER VACATING SCHEDULE (DOCS. 34, 54) ORDER REQUIRING PARTIES TO RESPOND WITHIN THIRTY DAYS

Plaintiff Jose Avina ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants Fischer, Roman, Ruff, Lunes, and Cronjager.

On April 29, 2011, counsel for Defendants Fischer, Ruff, and Roman filed a notice of settlement in this action. Doc. 59. Pursuant to the settlement, Plaintiff will receive a sum of money within a reasonable time after settlement and release has been signed by all parties or counsel of record and when the sum is paid, Defendants may file the stipulation for voluntary dismissal. Defendants request that all scheduled matters be vacated. Good cause shown, the Court will grant the request. See Fed. R. Civ. P. 16(b)(4). The parties are reminded that notice of settlement is governed by Local Rule 160. The Court will require the parties to file a status update or appropriate dispositional papers.

Accordingly, it is HEREBY ORDERED that

1. The scheduling orders, filed October 12, 2010, and January 4, 2011, are HEREBY VACATED; and

2. The parties are to file a status update regarding settlement or dispositional papers within thirty (30) days from the date of service of this order.

IT IS SO ORDERED.

20110506

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