Opinion
1:19-cv-01724-DAD-EPG (PC)
09-23-2021
CLARENCE LONELL ROBERSON, Plaintiff, v. L.T., et al., Defendants.
ORDER GRANTING DEFENDANTS' REQUEST TO OPT OUT OF SETTLEMENT CONFERENCE
(ECF No. 44)
This matter has been referred for an early settlement conference. (ECF No. 24.) On September 21, 2021, Defendants filed a request to opt out of the settlement conference. (ECF No. 44.) Defendants' counsel explains that they plan to file a motion for summary judgment based on Plaintiffs failure to exhaust his claims. (Id. at 2.) Defendants notified Plaintiff that they would request to opt out of settlement at this time, at least until the Court resolves the exhaustion issue. (Id.) Plaintiff disagreed with Defendants' position and stated he would write to the Court and push for a settlement conference. (Id.)
The Court will grant Defendants' request to opt out of an early settlement conference. A settlement conference may be scheduled at a later date, if appropriate.
Pursuant to the order regarding early settlement conference (ECF No. 24), Defendants did not need to file a request to opt out of the early settlement conference. Instead, Defendants should have filed a notice that they are opting out of an early settlement conference.
Accordingly, IT IS HEREBY ORDERED that Defendants' request to opt out of an early settlement conference (ECF No. 44) is GRANTED.
IT IS SO ORDERED.