Shepard v. Borum et al

Filing 85

ORDER REFERRING CASE TO ADR AND STAY OF CASE FOR 30 DAYS; ORDER DIRECTING CLERK OF COURT TO SERVE DOCUMENTS, signed by Magistrate Judge Helena M. Barch-Kuchta on 9/8/2021.(Stay Deadline: 30-Day Deadline)(Copy of this order, 13 , and 80 electronically served on Brian S. Chan and Lawrence Bragg)(Martin-Gill, S)

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Case 1:18-cv-00277-DAD-HBK Document 85 Filed 09/08/21 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAMONT SHEPARD, 12 13 14 15 Plaintiff, Case No. 1:18-cv-00277-DAD-HBK ORDER REFERRING CASE TO ADR AND STAY OF CASE FOR 30 DAYS v. M. BORUM, J. ACEBEDO, ORDER DIRECTING CLERK OF COURT TO SERVE DOCUMENTS Defendants. 16 17 Plaintiff Lamont Shepard, a state prisoner proceeding pro se, initiated this action by filing 18 a civil rights complaint under 42 U.S.C. § 1983 on February 26, 2018. (Doc. No. 1). Shepard is 19 proceeding on his first amended complaint. (Doc. No. 13). Both Plaintiff and Defendants filed 20 merits-based motions for summary judgment. (Doc. No. 65, 66). On July 13, 2021, the 21 undersigned issued findings and recommendations to deny the motions for summary judgment. 22 (Doc. No. 80). On September 7, 2021, the District Judge assigned to this case adopted the 23 findings and recommendations, denying both motions for summary judgment, and referred the 24 case back to the undersigned for further proceedings. (Doc. No. 84). 25 The Court refers all civil rights cases filed by pro se individuals to Alternative Dispute 26 Resolution (ADR) to attempt to resolve such cases more expeditiously and less expensively. See 27 also Local Rule 270. In appropriate cases, defense counsel from the California Attorney 28 General’s Office have agreed to participate in ADR. No claims, defenses, or objections are Case 1:18-cv-00277-DAD-HBK Document 85 Filed 09/08/21 Page 2 of 3 1 waived by the parties’ participation. 2 Attempting to resolve this matter through settlement now would save the parties the time 3 and expense of preparing for trial. The Court therefore will STAY this action for 30 days to 4 allow the parties to meet and confer and participate in a settlement conference. The Court 5 presumes that all civil rights cases assigned to the undersigned will proceed to a settlement 6 conference. If, however, after meeting and conferring, either party finds that a settlement 7 conference would be a waste of resources, the party may opt out of the settlement conference. If 8 either party opts out or the settlement is unsuccessful, the Court will set the case for trial. 9 Accordingly, it is ORDERED: 10 11 1. This action will be STAYED for 30 days to allow the parties an opportunity to settle their dispute. No pleadings or motions may be filed in this case during the stay. 12 2. Within 30 days from the date of this Order, the parties shall file a notice if they 13 object to proceeding to a settlement conference or if they believe that settlement is not currently 14 achievable. If either party objects to a settlement conference, the Court will set the case for 15 trial. 16 4. If the parties consent to a settlement conference or fail to file objections by the 17 expiration period, the Court by separate Order will assign this matter to a United States 18 Magistrate Judge, other than the undersigned, for conducting the settlement conference. 19 20 21 5. If the parties reach a settlement prior to the settlement conference, they SHALL file a Notice of Settlement as required by Local Rule 160 6. The Clerk of Court shall serve Deputy Attorney General Brian S. Chan and 22 Supervising Deputy Attorney General Lawrence Bragg with a copy of Plaintiff’s first amended 23 complaint (Doc No. 13); the Court’s findings and recommendations denying the merits-based 24 motions for summary judgment (Doc No. 80); and this Order. 25 7. The parties are obligated to keep the Court informed of their current addresses 26 during the stay and the pendency of this action. Changes of address must be reported promptly in 27 a Notice of Change of Address. See Local Rule 182(f). 28 2 Case 1:18-cv-00277-DAD-HBK Document 85 Filed 09/08/21 Page 3 of 3 1 2 3 Dated: September 8, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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