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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RUDY SIMENTAL,

Plaintiff,

v.

NANCY ADAMS, et al.,

Defendants.

Case No. 17-cv-00801-SI 

ORDER REFERRING CASE TO PRO 

SE PRISONER SETTLEMENT 

PROGRAM

Re: Dkt. Nos. 29, 31

This case was set for a settlement conference on November 9, 2017, before Magistrate 

Judge Kellison in the Eastern District of California, who intended to make use of students from the 

University of the Pacific McGeorge School of Law Prison Civil Rights Mediation Program in 

conducting the settlement conference. The settlement conference did not go forward that day 

because transportation problems arose (i.e., a wheelchair accessible van was not available to take 

plaintiff to the courthouse) and plaintiff thereafter refused to participate by videoconference or 

telephone. 

Thereafter, the parties again expressed interest in having a settlement conference. 

Plaintiff’s motion to reschedule a settlement conference is GRANTED. Docket No. 29. However, 

the settlement conference will take place in the Northern District of California because the case no 

longer fits with the schedule for the McGeorge School of Law Prison Civil Rights Mediation 

Program. 

Good cause appearing therefor, this case is now referred to Magistrate Judge Robert Illman

for settlement proceedings pursuant to the Pro Se Prisoner Mediation Program. (Although the 

program is called a mediation program, Magistrate Judge Illman also may conduct settlement 

conferences in his efforts to resolve cases referred through this program.) The proceedings will 
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United States District Court

Northern District of California

take place within one hundred twenty days of the date this order is filed. Magistrate Judge 

Illman will coordinate a time and date for a settlement proceeding with all interested parties and/or 

their representatives and, within five days after the conclusion of the settlement proceedings, file 

with the court a report for the proceedings. 

The court was dismayed to learn that plaintiff declined to speak with Magistrate Judge 

Kellison by telephone and/or videoconference after the transportation problem arose on the day of

the earlier scheduled settlement conference. A fair amount of judicial resources are consumed 

preparing for settlement conferences and are wasted when a scheduled conference does not 

proceed. To avoid that happening again, plaintiff is now specifically ordered to attend and 

participate in the settlement conference proceedings. He does not have to reach a settlement or 

other resolution of his claims, but he absolutely must attend and participate in all the settlement 

conference proceedings. The conference may be set up so that he will appear in person, by 

videoconference or by telephone -- and he must attend whatever format Magistrate Judge Illman

chooses. Plaintiff is cautioned that he may be sanctioned for failure to comply with an order to

participate in a settlement conference, and such sanctions may include dismissal of part or all of 

the action. See Fed. R. Civ. P. 16(a), (f), and 41(b).

Defendants’ motion to file a long brief and to extend the deadline to file a summary 

judgment motion is GRANTED. Docket No. 31. The court now VACATES the briefing schedule 

for the motion for summary judgment. If the parties are unable to resolve this action during 

settlement proceedings, the court will later set a new briefing schedule.

IT IS SO ORDERED.

Dated: December 4, 2017

______________________________________

SUSAN ILLSTON

United States District Judge