Muhammad v. San Joaquin County Jail

Full title: KIFA MUHAMMAD, Plaintiff, v. SAN JOAQUIN COUNTY JAIL, et al., Defendants

Court: United States District Court, E.D. California

Date published: Oct 24, 2008

No. CIV S-02-0006-LKK-CMK-P (E.D. Cal. Oct. 24, 2008)

Opinion

No. CIV S-02-0006-LKK-CMK-P.

October 24, 2008

ORDER

CRAIG KELLISON, Magistrate Judge

Plaintiff, a state prisoner proceeding with appointed counsel, brings this civil rights action pursuant to 42 U.S.C. § 1983. A status conference was held in this matter on October 22, 2008, at 10:00 a.m. before the undersigned. Ezekiel E. Cortez appeared on behalf of plaintiff. Mark E. Berry appeared on behalf of the defendants.

Upon consideration of the status reports on file in this action, discussion with the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that:

1. A settlement conference is scheduled for December 3, 2008, at 9:30 a.m., to be held telephonically in Redding, California, before the undersigned.¹ The parties are directed to each submit a confidential settlement conference statement directly to chambers by November 19, 2008. These statements shall not be filed.

1 The parties are advised to arrange a telephonic appearance through Court Call as if appearing telephonically for a hearing.

2. The parties were advised of the necessity for a person able to dispose of the case, or fully authorized to settle the matter on any terms, to attend the settlement conference. See Local Rule 16-270. Defendants shall have Deputy County Counsel Kristin Hegge, or her designee, present to authorize settlement. As plaintiff will not be present during the settlement conference, plaintiff's counsel shall obtain full authority to enter into a settlement agreement from his client;

3. The parties shall execute and file the attached Waiver of Disqualification on or before November 19, 2008;

4. The Final Pretrial Conference is hereby set for January 12, 2009 at 2:00 p.m. before the Honorable Lawrence K. Karlton, in Sacramento, California. Further orders will issue in preparation for the Final Pretrial Conference, if necessary, but all parties to the action are to appear at the Final Pretrial Conference through counsel; and

5. Jury trial of this matter is set for April 14, 2009 at 10:30 a.m. in Sacramento, California, Courtroom 4, before the Honorable Lawrence K. Karlton, United States District Judge.

ORDER

Pursuant to Eastern District of California Local Rule 270(b), the parties to the herein action affirmatively request that the assigned Magistrate Judge participate in the settlement conference and further, the parties waive any claim of disqualification to Judge Kellison thereafter hearing and determining matters in this case in accordance with 28 U.S.C. § 636(b)(1) and Local Rule 302 of the Eastern District of California. DATED: ______________ _______________________________ By: Attorney for plaintiff DATED: ______________ _______________________________ By: Attorney for defendants