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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDREW R. LOPEZ,

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Plaintiff,

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v.

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FLOREZ, et al.,

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1:08-cv-01975 LJO JLT (PC)
ORDERING REQUESTING CONFIDENTIAL
STATEMENTS RE: CASE SELECTION FOR
PRISONER SETTLEMENT PROGRAM
FIFTEEN-DAY DEADLINE

Defendants.

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Plaintiff, Andrew R. Lopez, is a state prisoner proceeding pro se and in forma pauperis

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with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that Defendants Reed and

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Flores provided him with inadequate medical care in violation of the Eighth Amendment and

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committed medical malpractice when they delayed in distributing his post-operative pain

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medication. (See Doc. 23.) Plaintiff and Defendants filed cross-motions for summary judgment.

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(Docs. 127, 148.) Findings and Recommendations were issued and was adopted in full which the

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Court granted Plaintiff's and denied Defendants' motions. (Docs. 191, 196.)

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To determine whether this matter is amenable to settlement, no later than 15 days from the

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date of service of this order, the parties to this action SHALL submit a confidential statement as

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described below. The confidential statements shall not be served on the opposing party or filed

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with the court, but instead, delivered by mail, fax, e-mail or personal delivery to the court=s

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Alternative Dispute Resolution (AADR@) division at the address, fax number, or e-mail address
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below and marked AConfidential.@ Such statements SHALL be limited to five pages and shall

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include the following:
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The party=s assessment of whether the instant action is of the type that would
benefit from a settlement proceeding;

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2.

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The party=s assessment of what factors, if any, will prevent settlement of this
matter prior to trial; and

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3.

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Any additional information the court may find useful in determining whether to set
this matter for a settlement conference.

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Should the Court determine this action to be appropriate for referral to the Prisoner

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Settlement Program, the Court will set this matter for a settlement conference before a magistrate

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judge.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Within fifteen days from the date of this order, the parties SHALL submit
confidential settlement statements as set forth above; and

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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: [phone]
email: [e-mail]

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IT IS SO ORDERED.
Dated:

November 26, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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