Campbell v. P. Dickey
Filing
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ORDER REFERRING Case to Post-Screening ADR and STAYING CASE for 90 Days signed by Magistrate Judge Barbara A. McAuliffe on 9/10/2018. Settlement Conference set for 11/2/2018 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY TYRONE CAMPBELL, SR.,
Plaintiff,
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v.
P. DICKEY,
Defendant.
Case No. 1:14-cv-00918-LJO-BAM (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR
90 DAYS
Date: November 2, 2018
Time: 10:00 a.m.
Judge: Honorable Stanley A. Boone
Courtroom 9 (SAB)
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Plaintiff Anthony Tyrone Campbell, Sr., is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 6, 2018,
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Defendant P. Dickey filed an answer to the second amended complaint. (Doc. No. 48.)
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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 waived
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by the parties’ participation. In appropriate cases, defense counsel form the California State
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Attorney General’s Office has agreed to participate in these early settlements.
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On August 24, 2018, the District Judge denied Defendant’s motion to dismiss, and found
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that Plaintiff has stated a cognizable civil rights claim. (Doc. No. 47.) But, stating a cognizable
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claim does not mean that Plaintiff will necessarily prevail at trial. Thus, the Court stays this
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action for a period of 90 days to allow the parties to investigate Plaintiff’s claims, meet and
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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 November 2, 2018 at
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10:00 a.m. in Courtroom 9 (SAB). The Court will issue the necessary transportation order in due
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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 30 days of the date of the issuance of
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this order.
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The parties shall each submit to Judge Boone a confidential settlement conference
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statement, as described below, to arrive at least seven days prior (one week) 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 90 days to allow the parties an opportunity to settle
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their 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
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discovery, but may engage is informal discovery to prepare for the settlement
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conference.
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2.
This case is set for a settlement conference before Magistrate Judge Stanley A.
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Boone on November 2, 2018 at 10:00 a.m. in Courtroom 9 (SAB) at the United
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States Courthouse located at 2500 Tulare Street, Fresno, California.
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If the case does not settle, the Court will issue a Discovery and Scheduling Order forthwith.
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3.
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A representative with full and unlimited authority to negotiate and enter into a
binding settlement shall attend in person.
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Those in attendance must be prepared to discuss the claims, defenses and damages.
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The failure or refusal of any counsel, party or authorized person subject to this
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order to appear in person may result in the cancellation of the conference and the
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imposition of sanctions. The manner and timing of Plaintiff’s transportation to and
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from the conference is within the discretion of CDCR.
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5.
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Defendants shall provide a confidential settlement statement to the following email
address: saborders@caed.uscourts.gov. 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
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no later than October 26, 2018. 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 Aconfidential@ with the date and time
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of 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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f. If the parties intend to discuss the joint settlement of any other actions or
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claims not in this suit, give a brief description of each action or claim as set
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forth above, including case number(s), if applicable.
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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
September 10, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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