Bradford v. Sherman, et al.
Filing
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ORDER REFERRING CASE to Post-Screening ADR Project and Staying the Case for 90 Days signed by Magistrate Judge Sheila K. Oberto on 6/27/2019. Notice Regarding Settlement due within thirty (30) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DWIGHT LARRY BRADFORD,
Plaintiff,
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v.
SHERMAN, et al.,
Defendants.
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Case No.: 1:17-cv-01601-LJO-SKO (PC)
ORDER REFERRING THE CASE TO POSTSCREENING ADR PROJECT AND STAYING
THE CASE FOR 90 DAYS
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When at least one Defendant has been served or appeared, the Court is referring all post-
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screening, civil rights cases filed by pro se inmates to the Post-Screening Alternative Dispute
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Resolution Project to attempt to resolve cases more quickly and less expensively. Defense counsel
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from the Office of the California Attorney General has agreed to participate in this pilot project. No
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defenses or objections are waived by participation.
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As set forth in the screening order, the Court has found 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 Plaintiff’s claims, meet and confer and participate in a settlement conference.
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There is a presumption that all post-screening civil rights cases assigned to the
undersigned will proceed to settlement conference.1 However, if after investigating Plaintiff’s claims
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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.
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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 resources,2 defense counsel may move to
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opt out of this pilot project.
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Within 35 days, the assigned Deputy Attorney General SHALL contact the Courtroom
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Deputy Clerk at WKusamura@caed.uscourts.gov, to schedule the settlement conference. If the
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settlement conference cannot be set quickly due to the court’s calendar, the parties may seek an
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extension of the initial 90-day stay.
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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 WKusamura@caed.uscourts.gov, to schedule
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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
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. 18), b. the Second Screening Order (Doc. 17), c. Plaintiff Statement
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Dismissing State Law Claims (Doc. 23), and d. 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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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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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.
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Dated:
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June 27, 2019
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DWIGHT LARRY BRADFORD,
Plaintiff,
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NOTICE REGARDING EARLY
SETTLEMENT CONFERENCE
v.
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Case No.: 1: 17-cv-01601-LJO-SKO (PC)
SHERMAN, et al.,
Defendants.
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As required by the Court’s order:
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1.
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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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2.
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The party or counsel for the party signing below, agrees the assigned Magistrate Judge
may conduct the settlement conference.
Yes
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No
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Dated:
________________________________
Plaintiff or Counsel for Defendants
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