Alfonso Hall v. Smith et al
Filing
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ORDER Referring Case to Post-Screening ADR and STAYING Case for 120 Days, signed by Magistrate Judge Barbara A. McAuliffe on 5/17/2018: Settlement Conference set for 8/30/2018 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Hellings, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ALFONSO HALL,
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Plaintiff,
v.
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D. SMITH, et al.,
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Defendants.
Case No. 1:15-cv-00860-LJO-BAM (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE
FOR 120 DAYS
Date: August 30, 2018
Time: 10:00 a.m.
Place: Courtroom 9 (SAB)
Before Magistrate Judge Stanley A. Boone
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Plaintiff Alfonso Hall is a state prisoner proceeding pro se and in forma pauperis in this
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action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s second amended complaint
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against Defendant D. Smith and Defendant Does 1-4 for conditions of confinement in violation of
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the Eighth Amendment. Plaintiff is in the process of amending his complaint to substitute the
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identifies of the Defendant Does. (Doc. 48.)
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The Court finds that a court-led settlement conference would be beneficial in this matter,
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and the parties have agreed. (Docs. 45, 49.) Defense counsel also indicates that they will likely
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represent the recently-identified Defendant Does once they are served, which would be conducive
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to a potential settlement of this action in its entirety. Although a discovery and scheduling order
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was recently issued in this matter, (Doc. 40), this case is at an early stage where many expenses
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and resources may be saved by a potential settlement.
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Accordingly, 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 August 30, 2018, at
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10:00 a.m. The Court will issue the necessary transportation order in due course.
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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. Further, the Court puts the parties on notice that if Plaintiff has any
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outstanding criminal restitution obligation, fines and/or penalties, these settlement negotiations
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shall not be geared towards what the restitution obligation is, but what the value the of the case
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itself is to each side, 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
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their dispute. Plaintiff may submit his third amended complaint to substitute the identities of the
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Doe Defendants, as previously ordered. (Doc. 48.) No other pleadings or other documents may be
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filed in this case during the stay of this action, except as provided herein or by subsequent court
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order. The parties are relieved from the obligation to respond to any discovery served prior to the
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issuance of this order, but may engage in informal discovery to prepare for the 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 August 30, 2018, at 10:0 a.m., at Courtroom 9 (SAB) in the United States Courthouse
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located at 2500 Tulare Street, Fresno, California.
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3.
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 of any counsel, party or authorized person subject to this order to appear in person
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may result in the imposition of sanctions. In addition, the conference will not proceed and may
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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: saborders@caed.uscourts.gov.
Plaintiff shall mail his confidential settlement
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statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention:
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Magistrate Judge Stanley A. Boone.” The envelope shall be marked “Confidential Settlement
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Statement”. Settlement statements shall arrive no later than August 23, 2018. Parties shall also
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file a Notice of Submission of Confidential Settlement Statement.
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See Local Rule 270(d).
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Settlement statements should not be filed with the Clerk of the Court nor served on any other
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party. Settlement statements shall be clearly marked “confidential” with the date and time of the
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settlement conference indicated prominently thereon.
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The confidential settlement statement shall be no longer than five pages in length,
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 upon
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which the claims are founded; a forthright evaluation of the parties’ likelihood of prevailing on
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the claims and defenses; and a description of the major issues in dispute.
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c.
An estimate of the cost and time to be expended for further discovery, pretrial, and
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The party’s position on settlement, including present demands and offers and a
trial.
history of past settlement discussions, offers, and demands.
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A brief statement of each party’s expectations and goals for the settlement
conference, including how much a party is willing to accept and/or willing to pay.
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If a settlement is reached at any point during the stay of this action, the parties
shall file a Notice of Settlement in accordance with Local Rule 160.
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The parties remain obligated to keep the Court informed of their current address
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during the stay and while the action is pending. Any change of address must be reported
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promptly to the Court in a separate document captioned for this case and entitled “Notice of
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Change of Address.” See Local Rule 182(f).
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9.
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A failure to follow these procedures may result in the imposition of sanctions by
the court.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
May 17, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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