Opinion
1:23-cv-00357-JLT-SAB (PC)
09-05-2023
EDWARD B. SPENCER, Plaintiff, v. L. VALDEZ, et al., Defendants.
ORDER VACATING SETTLEMENT CONFERENCE, LIFTING STAY OF CASE, AND DIRECTING CLERK OF COURT TO ISSUE THE DISCOVERY AND SCHEDULING ORDER
(ECF NOS. 22, 25.)
Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On August 1, 2023, the Court issued an order referring this case to the Court's Alternative Dispute Resolution Program, set the case for a settlement conference on October 17, 2023, before Magistrate Judge Barbara A. McAuliffe, and stayed the case. (ECF No. 22.) The Court advised defense counsel that counsel could opt-out of the settlement conference with thirty days.
On August 30, 2023, Defendants filed a motion to opt-out of the settlement conference because after investigation they believe a settlement conference would be unproductive at this time. (ECF No. 25.)
Accordingly, it is HEREBY ORDERED that:
1. The settlement conference set for October 17, 2023, before Magistrate Judge Barbara A. McAuliffe is VACATED;
2. The stay of this case is lifted; and
3. The Clerk of Court shall issue the discovery and scheduling order.
IT IS SO ORDERED.