Lopez v. Florez et al

Filing 197

ORDER Requesting Confidential Statements Re: Case Selection for Prisoner Settlement Program signed by Magistrate Judge Jennifer L. Thurston on 11/26/2013. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW R. LOPEZ, 12 Plaintiff, 13 v. 14 FLOREZ, et al., 15 1:08-cv-01975 LJO JLT (PC) ORDERING REQUESTING CONFIDENTIAL STATEMENTS RE: CASE SELECTION FOR PRISONER SETTLEMENT PROGRAM FIFTEEN-DAY DEADLINE Defendants. 16 17 Plaintiff, Andrew R. Lopez, is a state prisoner proceeding pro se and in forma pauperis 18 with a civil rights action pursuant to 42 U.S.C. ยง 1983. Plaintiff alleges that Defendants Reed and 19 Flores provided him with inadequate medical care in violation of the Eighth Amendment and 20 committed medical malpractice when they delayed in distributing his post-operative pain 21 medication. (See Doc. 23.) Plaintiff and Defendants filed cross-motions for summary judgment. 22 (Docs. 127, 148.) Findings and Recommendations were issued and was adopted in full which the 23 Court granted Plaintiff's and denied Defendants' motions. (Docs. 191, 196.) 24 To determine whether this matter is amenable to settlement, no later than 15 days from the 25 date of service of this order, the parties to this action SHALL submit a confidential statement as 26 described below. The confidential statements shall not be served on the opposing party or filed 27 with the court, but instead, delivered by mail, fax, e-mail or personal delivery to the court=s 28 Alternative Dispute Resolution (AADR@) division at the address, fax number, or e-mail address 1 1 2 below and marked AConfidential.@ Such statements SHALL be limited to five pages and shall 3 include the following: 1. 4 The party=s assessment of whether the instant action is of the type that would benefit from a settlement proceeding; 5 2. 6 The party=s assessment of what factors, if any, will prevent settlement of this matter prior to trial; and 7 3. 8 Any additional information the court may find useful in determining whether to set this matter for a settlement conference. 9 10 Should the Court determine this action to be appropriate for referral to the Prisoner 11 Settlement Program, the Court will set this matter for a settlement conference before a magistrate 12 judge. 13 Accordingly, IT IS HEREBY ORDERED that: 14 1. 15 16 Within fifteen days from the date of this order, the parties SHALL submit confidential settlement statements as set forth above; and 2. The Clerk of the Court is directed to send a copy of this order to: ADR Division, Attention: Sujean Park U.S. District Court 501 I Street, Suite 4-200 Sacramento, CA 95814 Fax: (916) 930-4224 email: spark@caed.uscourts.gov 17 18 19 20 21 22 IT IS SO ORDERED. Dated: November 26, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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