Robertson v. Garcia et al.

Filing 23

ORDER Referring Case to Post-Screening ADR and Staying Case for 90 Days, signed by Magistrate Judge Barbara A. McAuliffe on 8/8/2018. Settlement Conference set for 10/5/2018 at 08:30 AM at Corcoran State Prison before Magistrate Judge Stanley A. Boone. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE JEROME ROBERTSON, 12 Plaintiff, 13 v. 14 GARCIA, et al., 15 16 Defendants. Case No. 1:17-cv-01022-DAD-BAM (PC) ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 90 DAYS Hearing: Date: Time: Judge: Place: Settlement Conference October 5, 2018 8:30 a.m. Stanley A. Boone Corcoran State Prison, Corcoran 17 18 19 Plaintiff Wayne Jerome Robertson (“Plaintiff”) is a state prisoner proceeding pro se and in 20 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Defendants Garcia and 21 Jones have answered the first amended complaint. (ECF No. 22.) 22 Because it takes years to get to trial, the Court has identified this case as an appropriate 23 case for post-screening ADR (Alternative Dispute Resolution), which is an effort to resolve such 24 cases more expeditiously and less expensively. No claims, defenses, or objections shall be 25 waived by the parties’ participation. In appropriate cases, defense counsel from the California 26 State Attorney General’s Office has agreed to participate in these early settlements. 27 28 As set forth in the screening order, Plaintiff has stated a cognizable civil rights claim. But, stating a cognizable claim does not mean Plaintiff will prevail at trial. Thus, the Court stays this 1 1 action for a period of 90 days to allow the parties to investigate Plaintiff’s claims, meet and 2 confer, and then participate in a settlement conference. 3 Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a 4 settlement conference at the California State Prison, Corcoran (CSP-COR), 4001 King Avenue, 5 Corcoran, CA 93212 on October 5, 2018, at 8:30 a.m. The Court will issue the necessary 6 transportation order in due course. 7 In issuing this order, there is a presumption that this case will proceed to a settlement 8 conference.1 However, if after investigating Plaintiff’s claims and speaking with Plaintiff, and 9 after conferring with others, defense counsel in good faith finds that a settlement conference 10 would be a waste of resources, defense counsel may move to opt out of this early settlement 11 conference. A written notice to opt out must be filed within thirty (30) days of the date of the 12 issuance of this order. 13 The parties shall each submit to Judge Boone a confidential settlement conference 14 statement, as described below, to arrive at least seven days (one week) prior to the conference. 15 The Court puts the parties on notice that if Plaintiff has any outstanding criminal 16 restitution obligation, fines and/or penalties, these settlement negotiations shall not be geared 17 towards what the restitution obligation is, but what the value of the case itself is to each side, 18 irrespective of any outstanding restitution obligation. 19 In accordance with the above, IT IS HEREBY ORDERED that: 20 1. This action is STAYED for 90 days to allow the parties an opportunity to settle their 21 dispute before the discovery process begins. Except as provided herein or by 22 subsequent court order, no other pleadings or other documents may be filed in this 23 case during the stay of this action. The parties shall not engage in formal discovery, 24 but may engage in informal discovery to prepare for the settlement conference. 25 2. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone 26 on October 5, 2018, at 8:30 a.m., at CSP-COR. 27 1 28 If the case does not settle, the court will then lift the stay of its Discovery and Scheduling Order or issue one forthwith. 2 1 2 3 3. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person. 4. Those in attendance must be prepared to discuss the claims, defenses and damages. 4 The failure or refusal of any counsel, party or authorized person subject to this order to 5 appear in person may result in the cancellation of the conference and the imposition of 6 sanctions. The manner and timing of Plaintiff’s transportation to and from the 7 conference is within the discretion of CDCR. 8 9 5. Defendants shall provide a confidential settlement statement to the following email address: Plaintiff shall mail his confidential 10 settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 11 93721, “Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be 12 marked “Confidential Settlement Statement”. Settlement statements shall arrive no 13 later than September 28, 2018. Parties shall also file a Notice of Submission of 14 Confidential Settlement Statement. See Local Rule 270(d). Settlement statements 15 should not be filed with the Clerk of the Court nor served on any other party. 16 Settlement statements shall be clearly marked “confidential” with the date and time of 17 the settlement conference indicated prominently thereon. 18 19 6. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following: 20 a. A brief statement of the facts of the case. 21 b. A brief statement of the claims and defenses, i.e., statutory or other grounds 22 upon which the claims are founded; a forthright evaluation of the parties’ 23 likelihood of prevailing on the claims and defenses; and a description of the 24 major issues in dispute. 25 26 27 28 c. An estimate of the cost and time to be expended for further discovery, pretrial, and trial. d. The party’s position on settlement, including present demands and offers and a history of past settlement discussions, offers, and demands. 3 1 e. A brief statement of each party’s expectations and goals for the settlement 2 conference, including how much a party is willing to accept and/or willing to 3 pay. 4 f. If the parties intend to discuss the joint settlement of any other actions or 5 claims not in this suit, give a brief description of each action or claim as set 6 forth above, including case number(s), if applicable. 7 7. If a settlement is reached at any point during the stay of this action, the parties shall 8 9 file a Notice of Settlement in accordance with Local Rule 160. 8. If the defense counsel wishes to “opt- out” of this settlement for the reasons stated 10 above, counsel must do so within thirty (30) days of this order by filing a “Notice of 11 Opt-Out and Request to Vacate Settlement Conference.” 12 9. The parties remain obligated to keep the Court informed of their current address at all 13 times during the stay and while the action is pending. Any change of address must be 14 reported promptly to the Court in a separate document captioned for this case and 15 entitled “Notice of Change of Address.” See Local Rule 182(f). 16 10. A failure to follow these procedures may result in the imposition of sanctions by the 17 court. 18 19 20 IT IS SO ORDERED. Dated: /s/ Barbara August 8, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 4

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