Venable v. Patel

Filing 19

ORDER Referring Case to Post-Screening ADR and Staying Case for 120 Days signed by Magistrate Judge Barbara A. McAuliffe on 7/17/2018. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ELVIS VENABLE,

12

Plaintiff,

13
14

v.
DR. PATEL,

15

Defendant.

16

Case No. 1:17-cv-01519-BAM (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR
120 DAYS
Date: September 27, 2018
Time: 11:00 a.m.
Place: Courtroom 9 (SAB)
Before the Honorable Stanley A. Boone

Plaintiff Elvis Venable is appearing pro se and in forma pauperis in this civil rights action

17
18

)
)
)
)
)
)
)
)
)
)

pursuant to 42 U.S.C. § 1983.
Because it takes years to get to trial, the Court has identified this case as an appropriate case

19
20

for post-screening ADR (Alternative Dispute Resolution), which is an effort to resolve such cases

21

more expeditiously and less expensively. No claims, defenses, or objections shall be waived by the

22

parties’ participation. In appropriate cases, defense counsel from the California State Attorney

23

General’s Office has agreed to participate in these early settlements.
As set forth in the screening order, Plaintiff has stated a cognizable civil rights claim. But,

24
25

stating a cognizable claim does not mean that Plaintiff will prevail at trial. Thus, the Court stays this

26

action for a period of 120 days to allow the parties to investigate Plaintiff’s claims, meet and confer,

27

and then participate in a settlement conference.

28

///
1

1

Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a

2

settlement conference at United States Courthouse in Fresno, California on September 27, 2018, at

3

11:00 a.m. The Court will issue the necessary transportation order in due course.

4

In issuing this order, there is a presumption that this case will proceed to a settlement

5

conference. However, if after investigating Plaintiff’s claims and speaking with Plaintiff, and after

6

conferring with others, defense counsel in good faith finds that a settlement conference would be a

7

waste of resources, defense counsel may move to opt out of this early settlement conference. A

8

written notice to opt out must be filed within thirty (30) days of the date of the issuance of this order.

9

The parties shall each submit to Magistrate Judge Stanley A. Boone a confidential settlement

10

conference statement, as described below, to arrive at least seven days (one week) prior to the

11

conference.

12

The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution

13

obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what the

14

restitution obligation is, but what the value the of the case itself is to each side, irrespective of any

15

outstanding restitution obligation.

16

In accordance with the above, IT IS HEREBY ORDERED that:

17

1. This action is STAYED for 120 days to allow the parties an opportunity to settle their

18

dispute before the discovery process begins. Except as provided herein or by subsequent

19

court order, no other pleadings or other documents may be filed in this case during the stay

20

of this action. The parties shall not engage in formal discovery, but may engage in

21

informal discovery to prepare for the settlement conference.

22

2. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone on

23

September 27, 2018, at 11:00 a.m., in Courtroom 9 (SAB) at the United States

24

Courthouse located at 2500 Tulare Street, Fresno, California.

25
26
27
28

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. The
failure of any counsel, party or authorized person subject to this order to appear in person
2

1

may result in the imposition of sanctions. In addition, the conference will not proceed and

2

may be reset to another date.

3

5. Defendants shall provide a confidential settlement statement to the following email

4

address: [e-mail]. Plaintiff shall mail a confidential settlement

5

statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721,

6

“Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be marked

7

“Confidential Settlement Statement”. Settlement statements shall arrive no later than

8

September 20, 2018. Parties shall also file a Notice of Submission of Confidential

9

Settlement Statement. See Local Rule 270(d).

10

6. Settlement statements should not be filed with the Clerk of the Court nor served on any

11

other party. Settlement statements shall be clearly marked “confidential” with the date

12

and time of the settlement conference indicated prominently thereon.

13
14

7. The confidential settlement statement shall be no longer than five pages in length, typed
or neatly printed, and include the following:

15

a. A brief statement of the facts of the case.

16

b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon

17

which the claims are founded; a forthright evaluation of the parties’ likelihood of

18

prevailing on the claims and defenses; and a description of the major issues in

19

dispute.

20
21
22
23
24
25
26

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.
e. A brief statement of each party’s expectations and goals for the settlement
conference, including how much a party is willing to accept and/or willing to pay.
f. If the parties intend to discuss the joint settlement of any other actions or

27

claims not in this suit, give a brief description of each action or claim as set

28

forth above, including case number(s) if applicable.
3

1

8. If a settlement is reached at any point during the stay of this action, the parties shall file a
Notice of Settlement in accordance with Local Rule 160;

2
3

9. If the defense counsel wishes to “opt- out” of this settlement for the reasons stated above,

4

counsel must do so within thirty (30) days of this order by filing a “Notice of Opt-Out and

5

Request to Vacate Settlement Conference.”

6

10. The parties remain obligated to keep the Court informed of their current address at all times

7

during the stay and while the action is pending. Any change of address must be reported

8

promptly to the Court in a separate document captioned for this case and entitled “Notice

9

of Change of Address.” See Local Rule 182(f).

10

11. A failure to follow these procedures may result in the imposition of sanctions by the court.

11
12
13
14

IT IS SO ORDERED.
Dated:

/s/ Barbara

July 17, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4