Richard S. Kindred v. Allenby et al

Filing 28

ORDER REFERRING Case to Settlement Conference Before a Magistrate Judge; ORDER DIRECTING Clerk to Serve Supervising Deputy Attorney General Christopher Becker with a copy of: (1) Plaintiff's Third Amended Complaint 16 , (2) Findings and Recommendations Screening the Third Amended Complaint 19 , (3) order Adopting Findings and Recommendations 23 and (4) This Order, signed by Magistrate Judge Erica P. Grosjean on 01/02/2020. ( Case Management THIRTY (30) DAY Deadline). (Orozco, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14

Case No. 1:18-cv-00554-DAD-EPG (PC)

RICHARD SCOTT KINDRED,

ORDER REFERRING CASE TO
SETTLEMENT CONFERENCE BEFORE
A MAGISTRATE JUDGE

Plaintiff,
v.

ORDER DIRECTING CLERK TO SERVE
SUPERVISING DEPUTY ATTORNEY
GENERAL CHRISTOPHER BECKER
WITH A COPY OF:
(1) PLAINTIFF’S THIRD AMENDED
COMPLAINT (ECF No. 16);
(2) FINDINGS AND
RECOMMENDATIONS SCREENING
THE THIRD AMENDED
COMPLAINT (ECF No. 19);
(3) ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS (ECF
No. 23); AND
(4) THIS ORDER

BRANDON PRICE, et al.,
Defendants.

15
16
17
18
19
20
21
22

Plaintiff, Richard Scott Kindred, is a civil detainee proceeding pro se and in forma

23

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The Court has screened

24

Plaintiff’s complaint and found it states at least one cognizable claim. The United States

25

Marshals Service has accomplished service of process on at least one defendant.

26

The Court now directs the parties to participate in a settlement conference before a

27

Magistrate Judge to see if the case can reach a settlement before going further in litigation.

28

Plaintiff will be transported to the settlement conference and defense counsel will appear in
1

1

person. Neither side is waiving any claims, defenses, or objections by participating in this

2

settlement conference.

3

Defense counsel is directed to consider Plaintiff’s claim(s) and speak with Plaintiff

4

following this order. If, after investigating Plaintiff’s claim(s) and speaking with Plaintiff, and

5

conferring with defense counsel’s supervisor, defense counsel in good faith finds that a

6

settlement conference would not be productive at this time, defense counsel may opt out of this

7

settlement conference by filing a notice with the Court, in which case the matter will proceed to

8

litigation without an early settlement conference.

9

If defense counsel does not opt out of the settlement conference, the Court will issue

10

separate orders setting the settlement conference and detailing the pre-settlement conference

11

procedures in due course.

12

Two weeks after the issuance of the order setting the settlement conference, in order to

13

better inform all parties and have a meaningful conference, the Court is requiring that both

14

parties disclose certain documents to each other about the case, as listed below. These

15

documents are relevant to the case and will most likely be disclosed in discovery shortly if this

16

case goes to litigation.1

17

Accordingly, IT IS HEREBY ORDERED that:

18

1. Within thirty days from the date of service of this order, the assigned Deputy

19

Attorney General shall either: (1) file a notice that Defendant(s) opt out of the

20

settlement conference; or (2) contact ADR Coordinator Sujean Park

21

([e-mail]) to schedule the settlement conference.2 If the

22

assigned Deputy Attorney General does not opt out of the settlement conference,

23

the Court will issue an order setting a settlement conference. That order will

24
25
26
1

27
28

If any party has a legal objection to providing a particular document, that party shall file and serve a
notice describing its objection.
2
The Court may issue a separate order setting a scheduling conference and ordering initial disclosures, or
may already have done so. If difficulties arise in scheduling the settlement conference prior to the initial
scheduling conference, the parties may file a request for the Court to continue the initial scheduling conference.
2

1

include the date of the conference and the Magistrate Judge who will oversee the

2

conference, and may also include procedures required by that Judge.3

3

2. If a settlement conference is set, no later than two weeks after the date of service

4

of the order setting the settlement conference, each party shall send the other

5

parties, or their attorneys (if represented), the documents listed below. The

6

parties only need to provide documents related to the claim(s) that the Court

7

allowed to proceed past the screening stage. Additionally, Defense counsel does

8

not need to include any documents that defense counsel believes are confidential

9

or subject to the official information privilege at this time. Plaintiff does not

10

need to request any documents from the institution at this time. Plaintiff only

11

needs to provide these documents if Plaintiff already has them in his or her

12

possession. Defense counsel shall send copies of the following documents to

13

Plaintiff and Plaintiff shall send copies to counsel for Defendant(s):
a. Documents regarding exhaustion of Plaintiff’s claims, including 602s,

14
15

Form 22s, and responses from the appeals office;

16

b. All non-confidential documents regarding Rules Violation Reports, if

17

any exist, associated with the incident(s) alleged in the complaint,

18

including disciplinary charges and findings;
c. All of Plaintiff’s medical records related to the incident and/or condition

19
20

at issue in the case, if any exist;

21

d. Chronos for transfer or Administrative Segregation placement related to

22

the incident(s) alleged in the complaint, if any exist; and

23

e. Non-confidential incident reports regarding any use of force incident(s)

24

alleged in the complaint, if any exist;

25

Additionally, the parties may send any other documents related to the case that

26

the parties believe will assist in the settlement conference.

27
28
3

The undersigned will not be the Magistrate Judge overseeing the settlement conference.
3

1

3. The parties remain obligated to keep the Court informed of their current address.

2

Any change of address must be reported promptly to the Court in a separate

3

document captioned for this case and entitled “Notice of Change of Address.”

4

See L.R. 182(f).

5

4. The Clerk of Court shall serve Supervising Deputy Attorney General

6

Christopher Becker with a copy of: (1) Plaintiff’s third amended complaint

7

(ECF No. 16); (2) the Court’s findings and recommendations in which the Court

8

screened the third amended complaint (ECF No. 19); (3) the order adopting the

9

findings and recommendations (ECF No. 23); and (4) this order.

10
11
12

IT IS SO ORDERED.
Dated:

January 2, 2020

/s/

13

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4