Cisneros v. Moreno et al

Filing 21

ORDER REFERRING Case to Post-Screening ADR and Staying Case for 60 Days, signed by Magistrate Judge Jeremy D. Peterson on 8/23/19. Settlement Conference set for 10/3/2019 at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT CISNEROS,

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Plaintiff,

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v.
MORENO,

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Defendant.

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Case No.: 1:18-cv-00628-LJO-JDP (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 60
DAYS
Date: October 3, 2019
Time: 10:30 a.m.
Place: Courtroom 9 (SAB)
Before the Honorable Stanley A. Boone

Plaintiff Robert Cisneros is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983.

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Because it takes years to get to trial, the Court has identified this case as an appropriate case for

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

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

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participation. In appropriate cases, defense counsel from the California State Attorney General’s Office

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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. However,

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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 60 days to allow the parties to investigate Plaintiff’s claims, meet and confer, and

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then participate in a settlement conference.

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Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a

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settlement conference at the United States Courthouse in Fresno, California on October 3, 2019, at

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10:30 a.m. 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.1 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 waste

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

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to opt out must be filed within twenty-one (21) days of the date of the issuance of this order.

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The parties shall each submit to Magistrate Judge Stanley A. Boone a confidential settlement

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

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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 sixty (60) days to allow the parties an opportunity to settle

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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.
2.

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This case is set for a settlement conference before Magistrate Judge Stanley A. Boone on

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October 3, 2019, at 10:30 a.m., at the United States Courthouse located at 2500 Tulare

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Street, Fresno, California 93721.
3.

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A representative with full and unlimited authority to negotiate and enter into a binding

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If the case does not settle, the Court will then lift the stay of its Discovery and Scheduling Order, and
amend any deadlines if necessary.
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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

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the 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 Stanley A. Boone.” The envelope shall be marked

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

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September 26, 2019. Parties shall also file a Notice of Submission of Confidential

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

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

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

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indicated prominently thereon.

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6.

The confidential settlement statement shall be no longer than five pages in length, typed

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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.

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and trial.
d.

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An estimate of the cost and time to be expended for further discovery, pretrial,

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
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conference, including how much a party is willing to accept and/or willing to pay.

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f.

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If the parties intend to discuss the joint settlement of any other actions or claims

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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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If a settlement is reached at any point during the stay of this action, the parties shall file
a Notice of Settlement in accordance with Local Rule 160.

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8.

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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 twenty-one (21) days of this order by filing a “Notice of Opt-

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Out and Request to Vacate Settlement Conference.”
9.

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

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

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reported promptly to the Court in a separate document captioned for this case and entitled

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“Notice of Change of Address.” See Local Rule 182(f).
10.

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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:

August 23, 2019
UNITED STATES MAGISTRATE JUDGE

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