Cornejo v. Minglana

Background

The order concerns defendants’ motion to vacate settlement proceedings and motion to dismiss. The opinion does not describe the underlying claims or decide their merits.

Rulings

The court granted defendants’ motion to vacate the settlement proceedings. It denied defendants’ motion to dismiss without prejudice because the motion violated the stay. The stay was lifted, and defendants were permitted to refile a motion to dismiss or another dispositive motion. The court stated that the case might be referred back for settlement after resolving that motion.

Schedule and Case Management

The court ordered defendants to file a motion to dismiss or other dispositive motion by August 5, 2024. Any opposition by the plaintiff was due September 9, 2024, and defendants’ reply was due September 23, 2024. The motion would be submitted on the reply deadline, with no hearing unless the court later ordered one.

The order also required the plaintiff to serve copies of communications with the court on the defendant or defense counsel once counsel was designated. It stated that discovery may proceed under the Federal Rules of Civil Procedure. The plaintiff was directed to request access to nonconfidential medical and central-file materials directly from prison officials rather than from the court. The order further reminded the plaintiff to prosecute the case, report address changes, and comply with court orders; failure to do so could result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).