Dillingham v. Garcia et al

Filing 37

ORDER Regarding Early Settlement Conference; ORDER Directing Clerk to Serve Supervising Deputy Attorney General Christopher Decker with a Copy of Plaintiff's Complaint 1 , The Screening Order 17 , 21 and this Order, signed by Magistrate Judge Erica P. Grosjean on 4/23/19. Thirty Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY DILLINGHAM,
Plaintiff,

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v.
F. GARCIA,
Defendant.

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Case No. 1:18-cv-00579-LJO-EPG (PC)
ORDER REGARDING EARLY SETTLEMENT
CONFERENCE
ORDER DIRECTING CLERK TO SERVE
SUPERVISING DEPUTY ATTORNEY
GENERAL CHRISTOPHER BECKER WITH A
COPY OF: 1) PLAINTIFF’S COMPLAINT
(ECF NO. 1); 2) THE SCREENING ORDER
(ECF NOS. 17 & 21); AND 3) THIS ORDER

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Jerry Dillingham (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The Court has screened
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Plaintiff’s complaint and found it states at least one cognizable claim. The United States

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Marshals Service has accomplished service of process on at least one defendant.
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The Court now directs the parties to participate in a settlement conference before a
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Magistrate Judge to see if the case can reach a settlement before going further in litigation.
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Plaintiff will be transported to the settlement conference and defense counsel will appear in
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person. Neither side is waiving any claims, defenses or objections by participating in this
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settlement conference.
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Defense counsel is directed to consider Plaintiff’s claim(s) and speak with Plaintiff
following this order. If, after investigating Plaintiff’s claim(s) and speaking with Plaintiff, and

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

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

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

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litigation without an early settlement conference.

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

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separate order(s) setting the settlement conference and detailing the pre-settlement conference

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procedures in due course.

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Two weeks after the issuance of the order setting the settlement conference, in order to
better inform all parties and have a meaningful conference, the Court is requiring that both

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

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

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case goes to litigation.1

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Accordingly, IT IS HEREBY ORDERED that:

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

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

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

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

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

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

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

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conference, and any procedures required by that Judge.3

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

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

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

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If any party has a legal objection to providing a particular document, that party shall file and serve a
notice describing its objection.
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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.
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The undersigned will not be the Magistrate Judge overseeing the settlement conference.
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parties only need to provide documents related to the claim(s) that the Court

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

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

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

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

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

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

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

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Form 22s, and responses from the appeals office;

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

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

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

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at issue in the case, if any exist;

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d. Chronos for transfer or Administrative Segregation placement related to

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

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

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alleged in the complaint, if any exist;

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

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the parties believe will assist in the settlement conference.

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

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

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

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See L.R. 182(f).

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

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Christopher Becker with a copy of: (1) Plaintiff’s complaint (ECF No. 1); (2) the

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screening order (ECF Nos. 17 & 21); and (3) this order.

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IT IS SO ORDERED.
Dated:

April 23, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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