(PC) Webster v. Haskins ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS WEBSTER, Case No. 1:18-cv-01640-BAM (PC) 12 Plaintiff, ORDER LIFTING STAY OF PROCEEDINGS 13 v. ORDER VACATING JUNE 5, 2020 SETTLEMENT CONFERENCE AND MAY 14 LOVE, et al., 21, 2020 PRE-SETTLEMENT TELECONFERENCE 15 Defendants. (ECF No. 34) 16 17 Plaintiff Thomas Webster (“Plaintiff”) is a civil detainee proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained under 19 California Welfare Institutions Code § 6600 et seq. are civil detainees and are not prisoners 20 within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 21 (9th Cir. 2000). This action proceeds against Defendant Haskins for denial of adequate medical 22 care in violation of the Fourteenth Amendment. All parties have consented to Magistrate Judge 23 jurisdiction. (ECF Nos. 22, 37.) 24 On April 2, 2020, the Court identified this case as an appropriate case for the post- 25 screening ADR (Alternative Dispute Resolution) project, and stayed the action to allow the 26 parties an opportunity to settle their dispute before the discovery process begins. (ECF No. 34.) 27 The Court’s order granted Defendant time to investigate and determine whether to opt out of the 28 post-screening ADR project. 1 On May 1, 2020, Defendant filed a notice of opt out and request to vacate settlement 2 conference. (ECF No. 40.) After review, the Court finds good cause to grant Defendant’s 3 request. Therefore, the stay is lifted, and the June 5, 2020, settlement conference and May 21, 4 2020 pre-settlement teleconference are vacated. This case is now ready to proceed. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The stay of this action, (ECF No. 34), is LIFTED; 7 2. The June 5, 2020 settlement conference is VACATED; 8 3. The May 21, 2020 pre-settlement teleconference is VACATED; and 9 4. The parties may proceed with discovery pursuant to the discovery and scheduling 10 order to be issued by separate order. 11 IT IS SO ORDERED. 12 13 Dated: May 4, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28