Dickson v. Gomez et al

Filing 33

ORDER REFERRING Case to Post-Screening ADR and STAYING Case for 70 Days, signed by Magistrate Judge Barbara A. McAuliffe on 9/11/19. Settlement Conference set for 11/15/2019 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER DICKSON,

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Plaintiff,

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v.
G. GOMEZ, et al.,

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Defendants.

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Case No.: 1:17-cv-00294-DAD-BAM (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 70
DAYS
Date: November 15, 2019
Time: 9:30 a.m.
Place: Courtroom 9 (SAB)
Before the Honorable Stanley A. Boone

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

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

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more expeditiously and less expensively. No claims, defenses, or objections shall be waived by the

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parties’ participation. In appropriate cases, defense counsel from the California State Attorney

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General’s Office has agreed to participate in these early settlements.
As set forth in the screening order, Plaintiff has stated cognizable civil rights claims. However,

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stating cognizable claims does not mean that Plaintiff will prevail at trial. Thus, the Court stays this

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action for a period of 70 days to allow the parties to investigate Plaintiff’s claims, meet and confer,

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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 the United States Courthouse in Fresno, California on November 15, 2019,

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

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

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waste of resources, defense counsel may move to opt out of this early settlement conference. A

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written notice to opt out must be filed within thirty (30) days of the date of the issuance of this order.

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

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

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conference.

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

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obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what the

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

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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 seventy (70) days to allow the parties an opportunity to

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

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by 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, but

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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 November 15, 2019, at 9:30 a.m., at the United States Courthouse located at 2500

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Tulare Street, Fresno, California 93721.

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3.

settlement shall attend in person.

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

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Those in attendance must be prepared to discuss the claims, defenses, and damages.
The failure or refusal of any counsel, party or authorized person subject to this order to
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appear in person may result in the cancellation of the conference and the imposition of

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sanctions. The manner and timing of Plaintiff’s transportation to and from the

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conference is within the discretion of CDCR.
5.

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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 November 8, 2019. 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.
6.

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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.
c.

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

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d.

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The party’s position on settlement, including present demands and offers and a
history of past settlement discussions, offers, and demands.

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e.

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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.

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If the parties intend to discuss the joint settlement of any other actions or claims

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not in this suit, give a brief description of each action or claim as set forth

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above, including case number(s) if applicable.

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7.

a Notice of Settlement in accordance with Local Rule 160.

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

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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
court.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 11, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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