Mosley v. Stewart

Filing 40

ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 90 DAYS signed by Magistrate Judge Jennifer L. Thurston on 12/6/2020. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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QUINCY MOSLEY,
Plaintiff,

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v.

CASE NO. 1:17-cv-00852-DAD JLT (PC)
ORDER REFERRING THE CASE TO POSTSCREENING ADR PROJECT AND STAYING
THE CASE FOR 90 DAYS

S. STEWART, et al.,
Defendants.

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When at least one defendant has been served and/or filed an answer, the Court is referring

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all post-screening, civil rights cases filed by pro se inmates to the Post-Screening Alternative

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Dispute Resolution Project to attempt to resolve cases more quickly and less expensively.

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Defense counsel from the Office of the California Attorney General has agreed to participate in

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this pilot project. No defenses or objections are waived by participation.

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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

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to 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. However, if after investigating plaintiff’s

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

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counsel finds in good faith that a settlement conference would be a waste of resources, 1 defense

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By way of guidance, if the defense intends to file an exhaustion motion and believes in good faith that it

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counsel may move to opt out of this pilot project.

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

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

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

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extension of the initial 90-day stay. Based upon the foregoing, the Court ORDERS:

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

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

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engage in formal 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, the parties SHALL file the attached

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

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believe settlement is not achievable at this time.

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3.

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

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

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schedule the settlement conference;

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4.

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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The Clerk of the Court SHALL serve via email, copies of plaintiff’s FIRST

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amended complaint (Doc. 9), the screening order (Doc. 10), and this order to Supervising Deputy

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Attorney General Christopher Becker and a copy of this order to ADR Coordinator Sujean Park.

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IT IS SO ORDERED.
Dated:

December 6, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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has a significant chance of success, this would be a likely circumstance where the opt-out provision should be
employed.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO. 1:17-cv-00852-DAD JLT (PC)

QUINCY MOSLEY,
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ORDER REFERRING THE CASE TO POSTSCREENING ADR PROJECT AND
STAYING THE CASE FOR 90 DAYS

Plaintiff,
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v.
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S. STEWART,
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Defendant.
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1.

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

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

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settlement conference.
Yes

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____

No

____

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2.

The plaintiff (Check one):

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

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

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Dated:

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________________________________

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Plaintiff or Counsel for Defendants

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