Torres v. Patel et al

Filing 30

ORDER Referring Case to Post-Screening ADR and STAYING Case for 100 Days, signed by Magistrate Judge Stanley A. Boone on 3/5/2019: Settlement Conference set for 6/6/2019 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIGUEL TORRES,

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Plaintiff,
v.
ISMAIL PATEL, et al.,
Defendants.

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Case No.: 1:18-cv-00188-LJO-SAB (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR
100 DAYS
Date: June 6, 2019
Time: 9:30 a.m.
Place: Courtroom 8 (BAM)
Before the Honorable Barbara A. McAuliffe

Plaintiff Miguel Torres is appearing pro se and in forma pauperis in this civil rights action
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

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

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

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

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General’s Office has agreed to participate in these early settlements.

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As set forth in the screening order, Plaintiff has stated a cognizable civil rights claim. But,

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

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action for a period of 100 days to allow the parties to investigate Plaintiff’s claims, meet and confer,

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and then participate in a settlement conference.

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Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct a

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settlement conference at United States Courthouse in Fresno, California on June 6, 2019, at 9:30 a.m.

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The Court will issue the necessary transportation order in due course.

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

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

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

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

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

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The parties shall each submit to Magistrate Judge Barbara A. McAuliffe a confidential

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

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the conference.

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

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

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

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outstanding restitution obligation.

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

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1. This action is STAYED for one hundred (100) days to allow the parties an opportunity to

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

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subsequent court order, no other pleadings or other documents may be filed in this case

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

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engage in informal discovery to prepare for the settlement conference.

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2. This case is set for a settlement conference before Magistrate Judge Barbara A. McAuliffe

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on June 6, 2019, at 9:30 a.m., at the United States Courthouse located at 2500 Tulare

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Street, Fresno, California.

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3. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.

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4. Those in attendance must be prepared to discuss the claims, defenses, and damages. The

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failure or refusal of any counsel, party or authorized person subject to this order to appear
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in person may result in the cancellation of the conference and the imposition of sanctions.

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The manner and timing of Plaintiff’s transportation to and from the conference is within the

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discretion of CDCR.

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

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

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

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“Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall be marked

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

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30, 2019. Parties shall also file a Notice of Submission of Confidential Settlement

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Statement. See Local Rule 270(d). Settlement statements should not be filed with the

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Clerk of the Court nor served on any other party. Settlement statements shall be clearly

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marked “confidential” with the date and time of the settlement conference indicated

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prominently thereon.

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

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

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

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

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

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dispute.

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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 claims not
in this suit, give a brief description of each action or claim as set forth above,
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including case number(s) if applicable.

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7. If a settlement is reached at any point during the stay of this action, the parties shall file a

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Notice of Settlement in accordance with Local Rule 160.

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

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

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Request to Vacate Settlement Conference.”

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

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

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promptly to the Court in a separate document captioned for this case and entitled “Notice
of Change of Address.” See Local Rule 182(f).

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

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IT IS SO ORDERED.

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Dated:

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March 5, 2019
UNITED STATES MAGISTRATE JUDGE

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