Barnett v. Fisher, Jr.

Filing 21

ORDER REFERRING CASE to Post-Screening ADR Project, GRANTING Defendant's 20 Motion for Extension of Time, and STAYING the Case for 90 Days signed by Magistrate Judge Jennifer L. Thurston on 6/13/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELBERT BARNETT,

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Plaintiff,
v.

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R, FISHER, Jr., et al.,
Defendants.

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Case No.: 1:17-cv-01361-DAD-JLT (PC)
ORDER REFERRING THE CASE TO POSTSCREENING ADR PROJECT, GRANTING
DEFENDANT’S EXTENSION OF TIME, AND
STAYING THE CASE FOR 90 DAYS
(Doc. 20)1

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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. Defense counsel from the Office of the

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California Attorney General has agreed to participate in this pilot project. No defenses or objections

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are waived by 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.
There is a presumption that all post-screening civil rights cases will proceed to settlement

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Defendant Fisher’s motion for an extension of time to file a responsive pleading is granted in as much as none is
required until after a settlement conference is held and is unsuccessful, or until counsel files a notice that it would likely be
a waste or resources. If the latter, a new deadline for a responsive pleading will thereafter be set.
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conference.2 However, if after investigating plaintiff’s claims, speaking with plaintiff and conferring

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with defense counsel’s supervisor, counsel finds in good faith that a settlement conference is unlikely

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to be fruitful, would be a waste of resources,3 defense counsel may move to opt out of this pilot

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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 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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Based upon the foregoing, the Court ORDERS:

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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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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.

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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5.

The Clerk of the Court SHALL serve via email, copies of: a. plaintiff’s second

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amended complaint (Doc. 14), b. the screening orders (Docs. 15, 16), and c. this order to Supervising

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Deputy Attorney General Christopher Becker, and copy of this order to ADR Coordinator Sujean

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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.
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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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).

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IT IS SO ORDERED.
Dated:

June 13, 2019

/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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DELBERT BARNETT,
Plaintiff,

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NOTICE REGARDING EARLY SETTLEMENT
CONFERENCE

v.

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Case No.: 1:17-cv-01361-DAD-JTL (PC)

R. FISHER, Jr, et al.,
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.
Yes

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2.

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No

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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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