Christopher Lipsey, Jr. v. Depovic et al
Filing
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ORDER DENYING Plaintiff's 39 Motion for Discovery Order without Prejudice; ORDER REFERRING Case to Post Screening ADR and STAY of Case for 90 Days signed by Magistrate Judge Helena M. Barch-Kuchta on 6/25/2021. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER LIPSEY, JR.,
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Plaintiff,
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v.
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DR. DEPOVIC, et al.,
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Defendants.
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Case No. 1:18-cv-00767-NONE-HBK
ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY ORDER WITHOUT
PREJUDICE
(Doc. No. 39)
ORDER REFERRING CASE TO
POSTSCREENING ADR AND STAY OF
CASE FOR 90 DAYS
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Pending before the Court is Plaintiff’s motion requesting the Court to set a discovery and
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scheduling order in this case. (Doc. No. 39). Plaintiff Christopher Lipsey, Jr. is a state prisoner
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proceeding pro se in this action. As set forth in the screening order, the Court has found the first
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amended complaint stated a medical deliberate indifference claims against Defendants Depovic
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and Grewall. (Doc. Nos. 12, 18).1 Defendants filed an answer to the first amended complaint on
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April 13, 2020. (Doc. No. 28).2
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However, stating a cognizable claim “in no way suggests” that Plaintiff “is likely or unlikely to prevail
on the merits of his complaint.” Monger v. Sisto, 2009 WL 1507127, at *1 (E.D. Cal. May 27, 2009).
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Concurrent to their answer, Defendants moved to revoke Plaintiff’s in forma pauperis status. (Doc. No.
31). On May 27, 2021, the Court issued Findings and Recommendations (“F&R”) that Defendant’s
motion be denied. (Doc. No. 40). Although the District Court has not yet adopted the F&R, Defendants
did not file objections to the F&R and the time to do so has passed. (See docket).
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Plaintiff requests that a discovery schedule or any other measures that will “move the case
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forward.” (Doc. No. 39). The Court refers all civil rights cases filed by pro se inmates to
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Alternative Dispute Resolution (ADR) to attempt to resolve such cases more expeditiously and
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less expensively. In appropriate cases, defense counsel from the California Attorney General’s
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Office have agreed to participate in ADR. No claims, defenses, or objections are waived by the
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parties’ participation.
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The Court, therefore, STAYS this action for 90 days to allow the parties to investigate
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Plaintiff’s claims, meet and confer, and participate in an early settlement conference. The Court
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presumes that all post-screening civil rights cases assigned to the undersigned will proceed to a
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settlement conference. However, if, after investigating Plaintiff’s claims and meeting and
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conferring, either party finds that a settlement conference would be a waste of resources, the party
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may opt out of the early settlement conference.
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Accordingly, it is ORDERED:
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1.
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prejudice.
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2.
Plaintiff’s motion for a discovery schedule (Doc. No. 39) is DENIED without
This action is STAYED for 90 days to allow the parties an opportunity to settle
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their dispute before the discovery process begins. No pleadings or motions may be filed in this
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case during the stay. The parties shall not engage in formal discovery, but they may engage in
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informal discovery to prepare for the settlement conference.
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3.
Within 30 days from the date of this Order, the parties shall file a notice if they
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object to proceeding to an early settlement conference or if they believe that settlement is not
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currently achievable. If either party objects to a settlement conference the Court will issue a
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discovery and scheduling order.
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4.
After expiration of the objection period, by separate Order, the Court will assign
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this matter to a United States Magistrate Judge, other than the undersigned, for conducting the
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settlement conference.
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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
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6.
The Clerk of Court shall serve Deputy Attorney General Jason R. Cale and
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Supervising Deputy Attorney General Lawrence Bragg with a copy of Plaintiff’s amended
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complaint (Doc No. 1); the Court’s screening Order and (Doc No. 19) and this Order.
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7.
The parties are obligated to keep the Court informed of their current addresses
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during the stay and the pendency of this action. Changes of address must be reported promptly in
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a Notice of Change of Address. See Local Rule 182(f).
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IT IS SO ORDERED.
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Dated:
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June 25, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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