Laneley v. Garcia et al

Filing 25

ORDER Referring the Case to Post-Screening ADR Project and Staying the Case for 90 Days, signed by Magistrate Judge Jennifer L. Thurston on 10/26/18. Case stayed. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RANDY LANGLEY,
Plaintiff,

12
13
14

v.
E. GARCIA, et al.,
Defendants.

15

)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-1299-LJO-JLT (PC)
ORDER REFERRING THE CASE TO POSTSCREENING ADR PROJECT AND STAYING
THE CASE FOR 90 DAYS

16
17

When at least one defendant has been served, the Court is referring all post-screening, civil

18

rights cases filed by pro se inmates to the Post-Screening Alternative Dispute Resolution Project to

19

attempt to resolve cases more quickly and less expensively. Defense counsel from the Office of the

20

California Attorney General has agreed to participate in this pilot project. No defenses or objections

21

are waived by participation.

22

As set forth in the screening order, the Court has found the plaintiff has stated at least one

23

cognizable civil rights claim. Thus, the Court STAYS this action for 90 days to allow the parties to

24

investigate the plaintiff’s claims, meet and confer and participate in a settlement conference.

25

There is a presumption that all post-screening civil rights cases assigned to the

26

undersigned will proceed to settlement conference.1 However, if after investigating plaintiff’s claims

27
28
1

If the case does not settle during the stay, Court will set a deadline for the responsive pleading at the conference.

1

1

and speaking with plaintiff, and after conferring with defense counsel’s supervisor, counsel finds in

2

good faith that a settlement conference would be a waste of resources2, defense counsel may move to

3

opt out of this pilot project.

4

Notwithstanding the requirements of Local Rule 270(b), the settlement conference will be

5

conducted by Magistrate Judge Thurston. The Court deems the deviation from the Local Rule to be

6

appropriate and in the interests of the parties and justice and sound case management based upon the

7

location of the parties. If any party prefers that the settlement conference be conducted by a

8

judicial officer who is not assigned to this case, that party is directed to notify the Court in

9

response to this order of this preference and another judicial officer to be assigned to handle the

10

conference. If all parties to the action have consented to Magistrate Judge jurisdiction, the settlement

11

conference will be reassigned to a different judicial officer.

12

Within 35 days, the assigned Deputy Attorney General SHALL contact the Courtroom

13

Deputy Clerk at [e-mail], to schedule the settlement conference. If the settlement

14

conference cannot be set quickly due to the court’s calendar, the parties may seek an extension of the

15

initial 90-day stay.

16

Once the settlement conference is scheduled, at least seven days before the conference, the

17

parties shall submit to the assigned settlement judge a confidential settlement conference statement.

18

The parties’ confidential settlement conference statement SHALL include:

19

a.

A short statement of the facts and alleged damages;

20

b.

A short procedural history;

21

c.

A frank analysis of the likelihood of liability, including a discussion of the efforts made

22

to investigate the claims;

23

d.

A discussion of the efforts that have been made to settle the case;

24

e.

To the extent that Doe Defendants are named and their identities can be ascertained,

25
26

defense counsel shall indicate the names of the Doe Defendants; and,
b.

Defense counsel shall indicate whether he/she knows of the location of the defendants;

27
28

2

By way of guidance, if the defense intends to file an exhaustion motion and believes in good faith that it has a
significant chance of success, this would be a likely circumstance where the opt-out provision should be employed.

2

1

Based upon the foregoing, the Court ORDERS:

2

1.

This action is STAYED for 90 days to allow the parties an opportunity to settle their

3

dispute before a responsive pleading is filed, or the discovery process begins. No other pleadings or

4

other documents may be filed in this case during the stay. The parties SHALL NOT engage in formal

5

discovery, but they may jointly agree to engage in informal discovery.

6

2.

Within 30 days from the date of this order, the parties SHALL file the attached

7

notice, indicating their agreement to proceed to an early settlement conference or whether they believe

8

settlement is not achievable at this time. In addition, they SHALL indicate whether they object to the

9

undersigned conducting the settlement conference.

10

3.

Within 35 days from the date of this order, the assigned Deputy Attorney General

11

SHALL contact this court’s Courtroom Deputy Clerk at [e-mail], to schedule the

12

settlement conference;

13
14

4.

Each party shall submit a confidential settlement conference statement so it is received

at least seven days before the settlement conference.

15

The plaintiff SHALL mail his/her confidential settlement conference statement to:

16

United States Courthouse
510 19th Street, Suite 200
Bakersfield, CA 93301

17
18

Counsel SHALL lodge the defendant’s confidential settlement conference statement via email to

19

[e-mail].

20
21
22
23
24

If a different judge is conducting the conference, the Clerk of the Court will forward the unread
settlement conference statements to the correct judge;
5.

If the parties settle their case during the stay of this action, they SHALL file a Notice

of Settlement as required by Local Rule 160;
6.

The Clerk of the Court SHALL serve via email, copies of: a. the Third Amended

25

Complaint (Doc. 17), b. the screening orders (Docs. 19, 20), and c. this order to Supervising Deputy

26

Attorney General Christopher Becker, and copy of this order to ADR Coordinator Sujean Park;

27
28

7.

The parties are reminded of their obligation to keep the court informed of any changes

of addresses during the stay and while the action is pending. Changes of address must be reported
3

1

promptly in a separate document entitled “Notice of Change of Address.” See L.R. 182(f).

2
3
4
5

IT IS SO ORDERED.
Dated:

October 26, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RANDY LANGLEY,

12

Case No.: 1:16-cv-1299-LJO-JLT (PC)

Plaintiff,

13

v.

14

NOTICE REGARDING EARLY SETTLEMENT
CONFERENCE

GARCIA, et al.,

15

Defendants.

16
As required by the Court’s order:

17
18
19

1.

The party or counsel for the party signing below, agrees that there is a good chance that

20

an early settlement conference will resolve this action and wishes to engage in an early settlement

21

conference.

22

Yes

____

No

____

23
24
25

2.

The party or counsel for the party signing below, agrees the assigned Magistrate Judge

may conduct the settlement conference.

26

Yes

27

No

____

///

28

____

///
5

1

///

2

///

3

3.

The plaintiff (Check one):

4

_____ Would like to participate in the settlement conference in person, OR

5

_____ Would like to participate in the settlement conference by video conference.

6
7

Dated:
________________________________
Plaintiff or Counsel for Defendants

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6