Wiseman v. Doe et al

Filing 32

ORDER Vacating Discovery and Scheduling Order; Referring the Case to Post-Screening ADR Project; and Staying the Case for 90 Days signed by Magistrate Judge Jennifer L. Thurston on 10/29/2018. Thirty-Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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CHESTER RAY WISEMAN,
Plaintiff,

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v.

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J. GONZALEZ, et al.,
Defendants.

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Case No.: 1:17-cv-01166-AWI-JLT (PC)
ORDER VACATING DISCOVERY AND
SCHEDULING ORDER; REFERRING THE
CASE TO POST-SCREENING ADR PROJECT;
and STAYING THE CASE FOR 90 DAYS

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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 vacates the current Discovery and Scheduling Order and

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STAYS this action for 90 days to allow the parties to investigate the plaintiff’s claims, meet and

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confer and participate in a settlement conference. 1
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 claims

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

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

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opt out of this pilot project.

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If the case does not settle during the stay, Court will thereafter issue a new Discovery and Scheduling Order.
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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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, 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 settlement

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

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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.

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

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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 their

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

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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, the parties SHALL file the attached

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

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

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undersigned conducting the settlement conference.

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3.

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

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

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settlement conference;

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4.

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 via email, copies of: a. plaintiff’s complaint

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(Doc. 1), b. the screening order (Doc. 10), and c. this order to Supervising Deputy Attorney General

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

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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); and

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8.

The Discovery and Scheduling Order the Court issued on September 4, 2018 (Doc. 27)

is VACATED.

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IT IS SO ORDERED.

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Dated:
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October 29, 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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CHESTER RAY WISEMAN,

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Plaintiff,

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Case No.: 1:17-cv-01166-AWI-JLT (PC)
NOTICE REGARDING EARLY SETTLEMENT
CONFERENCE

v.
J. GONZALEZ, et al.,

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Defendants.

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As required by the Court’s order:

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1.

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

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

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conference.

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Yes

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No

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2.

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

may conduct the settlement conference.

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Yes

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No

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3.

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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Plaintiff or Counsel for Defendants

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