The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
ORDER VACATING JURY TRIAL, SETTING S E T T LEMENT C ONFER E N C E A N D TELEPHONIC STATUS CONFERENCE ORDER DENYING PLAINTIFF'S MOTION TO CONTINUE TRIAL AND MOTION FOR DISCOVERY (ECF Nos. 92, 93)
Settlement Conference: August 8, 2012 at 9:30 a.m. in Courtroom 8 (BAM) Telephonic Status Conference: August 27, 2012 at 3:00 p.m in Courtroom 2 (AWI)
Plaintiff Donald J. Ackley ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the complaint, filed June 19, 2006, against Defendant Wright for excessive force in violation of the Eighth Amendment, and Defendant Carroll for retaliation in violation of the First Amendment. On May 29, 2012, at 3:00 p.m. a telephonic trial confirmation hearing was held before the Honorable Anthony W. Ishii. During the hearing, Plaintiff's motion for discovery was denied.
The parties have indicated that this action may be amenable to settlement. A settlement conference shall be scheduled for August 8, 2012, at 9:30 a.m. before the undersigned. Unless otherwise permitted in advance by the Court, the attorney(s) who will try the caseshall appear at the mandatory settlement conference with the person or persons having full authorityto negotiate and settle the case, on any terms, at the conference.
On or before July 23, 2012, the parties shall submit directly to the settlement conference judge's chambers a confidential settlement conference statement. This statement should not be filed with the Clerk's Office and should not be served on the other party. It should be mailed directly to chambers at the following address: Chambers of Magistrate Judge Barbara A. McAuliffe, 2500 Tulare Street, Suite 1501, Fresno, California, 93721. Each statement shall be clearly marked "CONFIDENTIAL" with the date and time of the mandatory settlement conference indicated prominently. The parties are urged to request the return of their statements. If such request is not made, the Court will dispose of the statements.
The Confidential Settlement Conference Statement shall include the following:
A. A brief statement of the facts of the case;
B. The relief sought; and
C. The party's position on settlement, including realistic settlement expectations, present demands and offers, and a history of past settlement discussions, offers, and demands.
Defendants shall include an estimate of the cost and time to be expended for further pretrial and trial matters.
Based upon the discussion at the hearing, IT IS HEREBY ORDERED that:
1. The jury trial set for June 26, 2012, at 8:30 a.m. before the Honorable Anthony W. Ishii is VACATED;
2. Plaintiff's motion for discovery, filed May 8, 2012, is DENIED;
3. Plaintiff's motion to continue trial, filed May 8, 2012, ...