Laneley v. Garcia et al

Filing 29

AMENDED ORDER REFERRING CASE to Post-Screening ADR Project and STAYING the Case for 90 Days signed by Magistrate Judge Jennifer L. Thurston on 12/6/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY LANGLEY,
Plaintiff,

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v.

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E. GARCIA, et al.,
Defendants.

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

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

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

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attempt to resolve cases more quickly and less expensively. No defenses or objections are waived by

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

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

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

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

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

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and speaking with plaintiff, defense counsel finds in good faith that a settlement conference would be

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

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a waste of resources2, defense counsel may move to opt out of this pilot project.

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

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

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

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

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

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

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

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conference will be reassigned to a different judicial officer.

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Within 35 days, defense counsel SHALL contact the Courtroom Deputy Clerk at

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[e-mail], to schedule the settlement conference. If the settlement conference cannot

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be set quickly due to the court’s calendar, the parties may seek an extension of the initial 90-day stay.

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

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

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The parties’ confidential settlement conference statement SHALL include:

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a.

A short statement of the facts and alleged damages;

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b.

A short procedural history;

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c.

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

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to investigate the claims;

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d.

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

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e.

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

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

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b.

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Based upon the foregoing, the Court ORDERS:

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1.

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

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

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

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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.

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

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

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2.

Within 30 days from the date of this order, defense counsel3 SHALL file the

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

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they believe settlement is not achievable at this time. In addition, they SHALL indicate whether they

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object to the undersigned conducting the settlement conference.

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3.

court’s Courtroom Deputy Clerk at [e-mail], to schedule the settlement conference;

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Within 35 days from the date of this order, defense counsel SHALL contact this

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Each party SHALL submit a confidential settlement conference statement so it is

received at least seven days before the settlement conference.

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

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

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

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[e-mail].

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

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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;

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6.

The Clerk of the Court SHALL serve a copy of this order to ADR Coordinator Sujean

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Park via email;

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Plaintiff filed a response to the initial order referring the case to the post-screening ADR project, so he does not need to
file another response. (See Docs.25, 28.)

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7.

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

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

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

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IT IS SO ORDERED.
Dated:

December 6, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY LANGLEY,

DEFENDANTS’ NOTICE REGARDING
EARLY SETTLEMENT CONFERENCE

Plaintiff,

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v.

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

GARCIA, et al.,
Defendants.

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As required by the Court’s order:

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1.

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

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

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No

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2.

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

may conduct the settlement conference.
Yes

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No

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Dated:
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Counsel for Defendants

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