UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 30, 2012
ERIC MCEACHERN, ET AL.,
The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
ORDER DENYING PLAINTIFF'S MOTION FOR SCHEDULING A SETTLEMENT CONFERENCE (ECF No. 116)
Plaintiff Maximilian Monclova-Chavez ("Plaintiff") is a federal prisoner proceeding in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal actors. This action is proceeding on the complaint, filed January 15, 2008, against Defendants Miller, White, and Tincher for violations of the Eighth Amendment.*fn1 (ECF No. 1.) On May 30, 2012, a telephonic hearing was held to determine if the parties to this action are amendable to settlement and whether a settlement conference should be scheduled.
During the hearing, Defendants White and Miller indicated that they are not interested in pursuing settlement of this action and wish to proceed to trial.*fn2 Accordingly, Plaintiff's motion to schedule a settlement conference shall be denied. The parties are encouraged to engage in settlement discussions, and if the parties are agreeable to participating in a settlement conference, they shall so notify the Court. If the Court receives a stipulation that the parties are agreeable to settlement, a settlement conference will be scheduled.
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's motion for a settlement conference is DENIED, without prejudice, and the telephonic hearing set for June 18, 2012, at 1:30 p.m. before the Honorable Anthony W. Ishii shall remain on calendar for the motion to bifurcate hearing.
IT IS SO ORDERED.