Carpenter v. Sullivan, et al.
Filing
161
ORDER signed by Magistrate Judge Gerald B. Cohn on 11/3/2011 denying 143 Motion for court ordered settlement conference. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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WILLIE LEE CARPENTER,
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Plaintiff,
v.
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W. J. SULLIVAN, et al.,
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CASE NO.: 1:07-cv-00114-AWI-GBC (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR COURT-ORDERED SETTLEMENT
CONFERENCE
(Doc. 143)
Defendants.
______________________________________/
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Plaintiff Willie Lee Carpenter, a state prisoner proceeding pro se and in forma pauperis, filed
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this civil rights action pursuant to 42 U.S.C. § 1983 on January 22, 2007. This action is proceeding
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on Plaintiff's first amended complaint (Doc. 17), filed on September 17, 2008, against Defendants
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A. Pfeil, J. Gonzalez, J. Barajas, Ortiz, A. Salazar, J. Martinez, Litton. (Docs. 21, 34, 44, 60, 65,
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66).1 On September 12, 2011, Plaintiff filed a motion for the Court to order a new settlement
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conference between Plaintiff and Defendants. (Doc. 143).
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While federal courts have the authority to require the parties to engage in settlement
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conferences, they have no authority to coerce settlements. Goss Graphic Systems, Inc. v. DEV
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Industries, Inc., 267 F.3d 624, 627 (7th Cir.2001). Defendants have not indicated to the Court that
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they are willing to participate in a new settlement conference. Moreover, given that Defendants have
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submitted a motion for summary judgment, it is unlikely that Defendants would be willing to engage
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in renewed settlement discussions until after the summary judgment motion is resolved. At this
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Defendants Sullivan, Evans and Carrasco were dismissed March 28, 2011. (Doc. 110).
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stage of the litigation, no settlement conference will be scheduled until both parties agree to
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participate in one.
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Based on the foregoing, the court HEREBY ORDERS that Plaintiff’s motion for a new
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settlement conference, filed on September 12, 2011, is DENIED WITHOUT PREJUDICE (Doc.
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143.
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IT IS SO ORDERED.
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Dated:
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November 3, 2011
UNITED STATES MAGISTRATE JUDGE
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