Stewart v. Holland et al

Filing 44

ORDER Referring Case to Post-Screening ADR and Staying Case for 120 Days, signed by Magistrate Judge Barbara A. McAuliffe on 11/16/17. Case stayed(Case Management Deadline: 30-Day Deadline, Settlement Conference set for 2/8/2018 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRACY L. STEWART,

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Plaintiff,

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v.

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Case No.: 1:14-cv-00322-DAD-BAM (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE
FOR 120 DAYS

V. SERNA, et al.,

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Defendants.

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Plaintiff Tracy L. Stewart is a state prisoner, proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s amended

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complaint against Defendants Serna, Langhardt, Carey, and Nixon, filed on December 30, 2015.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.

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Because it takes years to get to trial, the Court has identified this case as an appropriate

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case for post-screening ADR (Alternative Dispute Resolution), which is an effort to resolve such

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cases more expeditiously and less expensively. No claims, defenses, or objections shall be

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waived by the parties’ participation. In appropriate cases, defense counsel from the California

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State Attorney General’s Office has agreed to participate in these early settlements.

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As set forth in the screening order and summarized above, Plaintiff has stated a cognizable

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civil rights claim. But, stating a cognizable claim does not mean Plaintiff will prevail at trial.

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Thus, the Court stays this action for a period of 120 days to allow the parties to investigate

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Plaintiff’s claims, meet and confer, and then participate in a settlement conference.
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Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a

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settlement conference at United States Courthouse in Fresno, California on February 8, 2018, at

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9:30 a.m. The Court will issue the necessary transportation order in due course.

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In issuing this order, there is a presumption that this case will proceed to a settlement

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conference.1 However, if after investigating Plaintiff’s claims and speaking with Plaintiff, and

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after conferring with others, defense counsel in good faith finds that a settlement conference

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would be a waste of resources, defense counsel may move to opt out of this early settlement

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conference. A written notice to opt out must be filed within thirty (30) days of the date of the

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issuance of this order.

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The parties shall each submit to Magistrate Judge Stanley A. Boone a confidential

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settlement conference statement, as described below, to arrive at least seven days (one week)

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prior to the conference.

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The Court puts the parties on notice that if Plaintiff has any outstanding criminal

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restitution obligation, fines and/or penalties, these settlement negotiations shall not be geared

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towards what the restitution obligation is, but what the value the of the case itself is to each side,

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irrespective of any outstanding restitution obligation.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. This action is STAYED for 120 days to allow the parties an opportunity to settle their

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dispute before the discovery process begins. Except as provided herein or by

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subsequent court order, no other pleadings or other documents may be filed in this

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case during the stay of this action. The parties shall not engage in formal discovery,

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but may engage in informal discovery to prepare for the settlement conference.

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2. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone

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on February 8, 2018, at 9:30 a.m., at the United States Courthouse located at 2500

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Tulare Street, Fresno, California.

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If the case does not settle, the court will then lift the stay of its Discovery and Scheduling Order.

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3. A representative with full and unlimited authority to negotiate and enter into a binding

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settlement shall attend in person.

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4. Those in attendance must be prepared to discuss the claims, defenses and damages.

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The failure of any counsel, party or authorized person subject to this order to appear in

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person may result in the imposition of sanctions. In addition, the conference will not

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proceed and may be reset to another date.

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5. Defendants shall provide a confidential settlement statement to the following email

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address: [e-mail]. Plaintiff shall mail his confidential

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settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California,

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93721, “Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be

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marked “Confidential Settlement Statement”. Settlement statements shall arrive no

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later than February 1, 2017. Parties shall also file a Notice of Submission of

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Confidential Settlement Statement. See Local Rule 270(d). Settlement statements

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should not be filed with the Clerk of the Court nor served on any other party.

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Settlement statements shall be clearly marked “confidential” with the date and time of

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the settlement conference indicated prominently thereon.

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6. The confidential settlement statement shall be no longer than five pages in length,

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typed or neatly printed, and include the following:

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a. A brief statement of the facts of the case.

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b. A brief statement of the claims and defenses, i.e., statutory or other grounds

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upon which the claims are founded; a forthright evaluation of the parties’

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likelihood of prevailing on the claims and defenses; and a description of the

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major issues in dispute.

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c. An estimate of the cost and time to be expended for further discovery, pretrial,

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and trial.

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d. The party’s position on settlement, including present demands and offers and a

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history of past settlement discussions, offers, and demands.
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e. A brief statement of each party’s expectations and goals for the settlement

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conference, including how much a party is willing to accept and/or willing to

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pay.

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7. If a settlement is reached at any point during the stay of this action, the parties shall

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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

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above, counsel must do so within thirty (30) days of this order by filing a “Notice of

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Opt-Out and Request to Vacate Settlement Conference.”

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9. The parties remain obligated to keep the Court informed of their current address at all

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times during the stay and while the action is pending. Any change of address must be

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reported promptly to the Court in a separate document captioned for this case and

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entitled “Notice of Change of Address.” See Local Rule 182(f).

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10. A failure to follow these procedures may result in the imposition of sanctions by the

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court.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 16, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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