Brown v. Gipson et al

Filing 44

ORDER Referring Case to Post-Screening ADR and Staying Case for 90 Days signed by Magistrate Judge Barbara A. McAuliffe on 09/11/2017. Settlement Conference set for 10/24/2017 at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Flores, E)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 WILLIAM BROWN, 13 14 15 16 Plaintiff, v. Case No.: 1:13-cv-02084-BAM (PC) ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 90 DAYS W. RASLEY, Defendant. 17 18 Plaintiff William Brown is a state prisoner, proceeding pro se and in forma pauperis in 19 this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s second 20 amended complaint for retaliation in violation of the First Amendment, excessive force in 21 violation of the Eighth Amendment, and conversion under state law, against Sergeant W. Rasely. 22 Plaintiff has consented to magistrate judge jurisdiction, (ECF No. 6), but Defendant Rasely has 23 neither consented to nor declined such jurisdiction. 24 Because it takes years to get to trial, the Court has identified this case as an appropriate 25 case for post-screening ADR (Alternative Dispute Resolution), which is an effort to resolve such 26 cases more expeditiously and less expensively. No claims, defenses, or objections shall be 27 waived by the parties’ participation. In appropriate cases, defense counsel from the California 28 State Attorney General’s Office has agreed to participate in these early settlements. 1 1 As set forth in the screening order and summarized above, Plaintiff has stated a cognizable 2 civil rights claim. But, stating a cognizable claim does not mean Plaintiff will prevail at trial. 3 Thus, the Court stays this action for a period of 90 days to allow the parties to investigate 4 Plaintiff’s claims, meet and confer, and then participate in a settlement conference. 5 Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a 6 settlement conference at United States Courthouse in Fresno, California on October 24, 2017, at 7 10:30 a.m. The Court will issue the necessary transportation order in due course. 8 9 In issuing this order, there is a presumption that this case will proceed to a settlement conference.1 However, if after investigating Plaintiff’s claims and speaking with Plaintiff, and 10 after conferring with others, defense counsel in good faith finds that a settlement conference 11 would be a waste of resources, defense counsel may move to opt out of this early settlement 12 conference. A written notice to opt out must be filed within thirty (30) days of the date of the 13 issuance of this order. 14 The parties shall each submit to Judge Boone a confidential settlement conference 15 statement, as described below, to arrive at least seven days (one week) prior to the conference. 16 The Court puts the parties on notice that if Plaintiff has any outstanding criminal 17 restitution obligation, fines and/or penalties, these settlement negotiations shall not be geared 18 towards what the restitution obligation is, but what the value the of the case itself is to each side, 19 irrespective of any outstanding restitution obligation. 20 In accordance with the above, IT IS HEREBY ORDERED that: 21 1. This action is STAYED for 90 days to allow the parties an opportunity to settle their 22 dispute before the discovery process begins. Except as provided herein or by 23 subsequent court order, no other pleadings or other documents may be filed in this 24 case during the stay of this action. The parties shall not engage in formal discovery, 25 but may engage in informal discovery to prepare for the settlement conference. 26 /// 27 /// 28 1 If the case does not settle, the court will then lift the stay of its Discovery and Scheduling Order. 2 1 2. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone 2 on October 24, 2017, at 10:30 a.m., at the United States Courthouse located at 2500 3 Tulare Street, Fresno, California. 4 5 6 3. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person. 4. Those in attendance must be prepared to discuss the claims, defenses and damages. 7 The failure of any counsel, party or authorized person subject to this order to appear in 8 person may result in the imposition of sanctions. In addition, the conference will not 9 proceed and may be reset to another date. 10 5. Defendants shall provide a confidential settlement statement to the following email 11 address: Plaintiff shall mail his confidential 12 settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 13 93721, “Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be 14 marked “Confidential Settlement Statement”. Settlement statements shall arrive no 15 later than October 17, 2017. Parties shall also file a Notice of Submission of 16 Confidential Settlement Statement. See Local Rule 270(d). Settlement statements 17 should not be filed with the Clerk of the Court nor served on any other party. 18 Settlement statements shall be clearly marked “confidential” with the date and time of 19 the settlement conference indicated prominently thereon. 20 21 6. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following: 22 a. A brief statement of the facts of the case. 23 b. A brief statement of the claims and defenses, i.e., statutory or other grounds 24 upon which the claims are founded; a forthright evaluation of the parties’ 25 likelihood of prevailing on the claims and defenses; and a description of the 26 major issues in dispute. 27 28 c. An estimate of the cost and time to be expended for further discovery, pretrial, and trial. 3 1 d. The party’s position on settlement, including present demands and offers and a 2 history of past settlement discussions, offers, and demands. 3 e. A brief statement of each party’s expectations and goals for the settlement 4 conference, including how much a party is willing to accept and/or willing to 5 pay. 6 7. If a settlement is reached at any point during the stay of this action, the parties shall 7 8 file a Notice of Settlement in accordance with Local Rule 160. 8. If the defense counsel wishes to “opt- out” of this settlement for the reasons stated above, counsel must do so within thirty (30) days of this order by filing a “Notice of 9 Opt-Out and Request to Vacate Settlement Conference.” 10 11 9. The parties remain obligated to keep the Court informed of their current address at all 12 times during the stay and while the action is pending. Any change of address must be 13 reported promptly to the Court in a separate document captioned for this case and 14 entitled “Notice of Change of Address.” See Local Rule 182(f). 15 10. A failure to follow these procedures may result in the imposition of sanctions by the 16 court. 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara September 11, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 4

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