(PC) Clay v. Cates ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEANGELO CLAY, No. 1:20-cv-00971-EPG (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR SETTLEMENT CONFERENCE 13 v. WITHOUT PREJUDICE 14 CATES, (ECF No. 7) 15 Defendant. 16 17 Plaintiff DeAngelo Clay (“Plaintiff”) is a state inmate proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983 against Defendant Cates, the 19 warden at Plaintiff’s institution of confinement. Plaintiff filed the Complaint commencing this 20 action on July 14, 2020. (ECF No. 1). On September 9, 2020, Plaintiff filed a motion for 21 settlement conference. (ECF No. 7). For the following reasons, the Court DENIES Plaintiff’s 22 motion. 23 Plaintiff argues that the Court “set a date to settle this case in a settlement conference” 24 because “it would be in the best interest of justice to settle this case amicably and save the court 25 a[ ]lot of time and resources.” (ECF No. 7 at 1). Plaintiff also requests that he be present in person 26 for such conference. 27 A “district court has broad authority to compel participation in mandatory settlement 28 conference.” United States v. U.S. Dist. Court for N. Mariana Islands, 694 F.3d 1051, 1057 (9th wOoe 4:OU PLR RY MMVI OG IO ere PF Ayet eve 1 | Cir. 2012), as amended (Oct. 16, 2012). 2 The Court finds that it is premature to order any settlement conference. This case is still in 3 | the screening stage, and the Court has not yet ordered that Defendant Cates be served. As such, 4 | the Court lacks personal jurisdiction over Defendant Cates. Should the case proceed past 5 | screening, the Court may reconsider whether to order such a conference. 6 In addition, the courthouses in this district are currently closed to the public. General 7 | Order 618 (“In light of the ongoing coronavirus (COVID-19) pandemic, all courthouses of the 8 | United States District Court for the Eastern District of California shall remain closed to the 9 | public.”). Thus, should this case proceed past screening and the Court order a settlement 10 | conference, the conference may be conducted by remote means. 11 For the foregoing reasons, the Court HEREBY DENIES Plaintiff's motion for settlement 12 | conference (ECF No. 7) WITHOUT PREJUDICE. 13 4 IT IS SO ORDERED. 15 | Dated: _ September 28, 2020 [sf ey — 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28