Madden v. Hicks et al

Filing 59

ORDER GRANTING 58 Parties' Joint Requesting to Opt-Out of Post-Screening ADR; ORDER Lifting Stay of Proceedings; ORDER Vacating June 12, 2023 Settlement Conference; ORDER Directing Clerk of Court to Issue Discovery and Scheduling Order and Consent/Decline Form, signed by Magistrate Judge Barbara A. McAuliffe on 05/03/2023.(Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL MADDEN, Successor-inInterest to Ryan P. Madden, et al.,
Plaintiffs,

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v.
HICKS, et al.,

Case No. 1:18-cv-00255-ADA-BAM (PC)
ORDER GRANTING PARTIES’ JOINT
REQUEST TO OPT-OUT OF POSTSCREENING ADR
(ECF No. 58)
ORDER LIFTING STAY OF PROCEEDINGS

Defendants.

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ORDER VACATING JUNE 12, 2023
SETTLEMENT CONFERENCE
(ECF No. 57)
ORDER DIRECTING CLERK OF COURT TO
ISSUE DISCOVERY AND SCHEDULING
ORDER AND CONSENT/DECLINE FORM

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Plaintiffs Michael Madden and Kathleen “Kathy” Madden (“Plaintiffs”), as Successors-in-

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Interest to Ryan P. Madden, are proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Hicks for excessive force

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and assault and battery claims, and against Defendants Silva and Hicks for California Bane Act

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and retaliation claims.

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On April 7, 2023, the Court identified this case as an appropriate case for the post-

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screening ADR (Alternative Dispute Resolution) project, and stayed the action to allow the

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parties an opportunity to settle their dispute before the discovery process begins. (ECF No. 57.)

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The Court’s order granted the parties time to investigate and confer and determine whether to opt
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out of the post-screening ADR project.

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On May 3, 2023, the parties filed a joint notice of opt out and request to vacate settlement

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conference. (ECF No. 58.) The parties state that after meeting and conferring, they believe that a

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settlement conference at this time would be a waste of resources and the Court’s time, and jointly

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request that the Court vacate the settlement conference. (Id.) Therefore, the stay is lifted, and the

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June 12, 2023, settlement conference is vacated. This case is now ready to proceed.

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If the parties wish to set a settlement conference with the Court at a later date, they should

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so inform the Court. However, the parties are also reminded that they are not precluded from

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negotiating a settlement without judicial assistance.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The parties’ joint request to opt out of post-screening early dispute resolution,
(ECF No. 58), is GRANTED;

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2.

The stay of this action, (ECF No. 57), is LIFTED;

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3.

The June 12, 2023 settlement conference is VACATED;

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4.

The Clerk of the Court is DIRECTED to issue a discovery and scheduling order

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and a consent/decline form to the parties; and
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The parties may proceed with discovery pursuant to the discovery and scheduling
order to be issued by separate order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 3, 2023

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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