Grigsby v. Pfeiffer, et al.

Filing 45

ORDER REFERRING the Case to Post-Screening ADR Project and STAYING the Case for 90 Days signed by Magistrate Judge Jennifer L. Thurston on 8/3/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 JONATHAN GRIGSBY,

Case No. 1:17-cv-01384-DAD-JLT (PC)

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

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Plaintiff,
v.

14 C. PFEIFFER, et al.,
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Defendants.

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When at least one defendant has been served and/or filed an answer, the Court is referring
all post-screening, civil rights cases filed by pro se inmates to the Post-Screening Alternative
Dispute Resolution Project to attempt to resolve cases more quickly and less expensively. Defense
counsel from the Office of the California Attorney General has agreed to participate in this pilot
project. No defenses or objections are waived by participation.
As set forth in the screening order, the Court has found the plaintiff has stated at least one
cognizable civil rights claim. Thus, the Court STAYS this action for 90 days to allow the parties
to 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 assigned to the
undersigned will proceed to settlement conference. However, if after investigating plaintiff’s
claims and speaking with plaintiff, and after conferring with defense counsel’s supervisor, counsel

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1 finds in good faith that a settlement conference would be a waste of resources, 1 defense counsel
2 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

4 Deputy Clerk at [e-mail], to schedule the settlement conference. If the settlement
5 conference cannot be set quickly due to the court’s calendar, the parties may seek an extension of
6 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

8 their dispute before a responsive pleading is filed, or the discovery process begins. No other
9 pleadings or other documents may be filed in this case during the stay. The parties SHALL NOT
10 engage in formal 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

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

15 SHALL contact this court’s Courtroom Deputy Clerk at [e-mail], to schedule
16 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

18 of Settlement as required by Local Rule 160;
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5.

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

20 complaint (Doc. 34), the screening orders (Docs. 30, 35), and this order to Supervising Deputy
21 Attorney General Christopher Becker, and a copy of this order to ADR Coordinator Sujean Park;
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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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6.

The parties are reminded of their obligation to keep the court informed of any

2 changes of addresses during the stay and while the action is pending. Changes of address must be
3 reported 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:

August 3, 2020

/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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6 JONATHAN GRIGSBY,

Case No. 1:17-cv-01384-DAD-JLT (PC)

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NOTICE REGARDING EARLY
SETTLEMENT CONFERENCE

Plaintiff,

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v.

9 C. PFEIFFER, et al.,
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Defendants.

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The party or counsel for the party signing below, agrees that there is a good chance that an
early settlement conference will resolve this action and wishes to engage in an early settlement
conference.
Yes

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No

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Dated:
________________________________

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Plaintiff or Counsel for Defendants

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