(PC) Stewart v. De La Cruz

Good Law
United States District Court, Eastern District of CaliforniaDecember 3, 20241:20-cv-00978California500 words

Opinion

Trial Court Opinion

Order 2 3 4 5 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERICK LATON STEWART SR., Case No. 1:20-cv-00978-JLT-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR MISCELLANEOUS RELIEF

v. (Doc. No. 41) A. DE LA CRUZ and J. MIRAMONTES,

ORDER DIRECTING DEFENDANTS TO

Defendants. OPT OUT OF A SECOND SETTLEMENT

CONFERENCE

DECEMBER 13, 2024 DEADLINE

18 On November 15, 2024, Plaintiff filed a pleading titled “Pretrial Statement and Motion for a Settlement Conference and Miscellaneous Request to Bring Case to a[n] Ending [by] Polygraph Test.” (Doc. No. 41). Although labeled as a “Pretrial Statement,” the pleading does not contain any information required by Local Rule 281. Instead, Plaintiff seeks a polygraph test and a second settlement conference in his pleading. Thus, the Court does not consider the pleading to be a Pretrial Statement because it wholly fails to comply with Local Rule 281.

1 A pleading’s “nomenclature is not controlling.” Miller v. Transamerican Press, Inc., 709…

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