Bishop v. Salcedo et al

Filing 23

ORDER Referring Case to Post-Screening ADR and Staying Case for 120 Days signed by Magistrate Judge Barbara A. McAuliffe on 08/26/2019. Settlement Conference set for 11/19/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Case stayed. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BISHOP,

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Plaintiff,
v.
SALCEDO, et al.,
Defendants.

Case No. 1:18-cv-00714-DAD-BAM (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR
120 DAYS
Hearing:
Settlement Conference
Date:
November 19, 2019
Time:
10:00 a.m.
Judge:
Stanley A. Boone
Courtroom: 9

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Plaintiff Robert Bishop (“Plaintiff”) is a state prisoner appearing pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. Defendants Cross, Perez, Salcedo, and Nyugen

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have answered the complaint. (ECF Nos. 19, 22.)

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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. But, stating

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a cognizable claim does not mean Plaintiff will prevail at trial. Thus, the Court stays this action for a
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period of 120 days to allow the parties to investigate Plaintiff’s claims, meet and confer, and then

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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 November 19, 2019, at

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10:00 a.m. The Court will issue any 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 thirty (30) days of the date of the issuance of this order.
The parties shall each submit to Judge Boone a confidential settlement conference statement, as

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described below, to arrive at least seven days (one week) prior to the 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 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 120 days to allow the parties an opportunity to settle their dispute

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before the discovery process begins. Except as provided herein or by subsequent court order,

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no other pleadings or other documents may be filed in this case during the stay of this action.

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The parties shall not engage in formal discovery, but may engage in informal discovery to

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prepare for the settlement conference.

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

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November 19, 2019, at 10:00 a.m., at the United States Courthouse located at 2500 Tulare

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Street, Fresno, California.

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If the case does not settle, the Court will then lift the stay of its Discovery and Scheduling Order or
issue one forthwith.
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3. A representative with full and unlimited authority to negotiate and enter into a binding
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 in

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person may result in the cancellation of the conference and the imposition of sanctions. The

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manner and timing of Plaintiff’s transportation to and from the conference is within the

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discretion of CDCR.

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5. Defendants shall provide a confidential settlement statement to the following email address:

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[e-mail]. Plaintiff shall mail his confidential settlement statement to

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U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention: Magistrate

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Judge Stanley A. Boone.”

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Statement”. Settlement statements shall arrive no later than November 12, 2019. Parties

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shall also file a Notice of Submission of Confidential Settlement Statement (See Local Rule

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270(d)). Settlement statements should not be filed with the Clerk of the Court nor served

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on any other party. Settlement statements shall be clearly marked Aconfidential@ with the

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date and time of the settlement conference indicated prominently thereon.

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The envelope shall be marked “Confidential Settlement

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

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

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trial.
d. 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 conference,
including how much a party is willing to accept and/or willing to pay.
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f. If parties intend to discuss the joint settlement of any other actions or claims not in

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this suit, give a brief description of each action or claim as set forth above, including

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case number(s) if applicable.

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7. 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. 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 thirty (30) days of this order by filing a “Notice of Opt-Out and

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Request to Vacate Settlement Conference.”

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

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

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promptly to the Court in a separate document captioned for this case and entitled “Notice of

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

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10. A failure to follow these procedures may result in the imposition of sanctions by the
court.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 26, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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