(PC) Denton v. Bibbs et al

Filing 21

ORDER REGARDING Early Settlement Conference; ORDER DIRECTING Clerk to Serve Supervising Attorney General Lawrence Bragg with a Copy of: 1) Plaintiff's Complaint; 2) Screening Order; and 3) this Order signed by Magistrate Judge Erica P. Grosjean on 10/14/2020. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 RAYMOND H. DENTON, 11 Plaintiff, 12 v. 13 S. BIBBS, et al., 14 Defendant(s). 15 Case No. 1:19-cv-00316-DAD-EPG (PC) ORDER REGARDING EARLY SETTLEMENT CONFERENCE ORDER DIRECTING CLERK TO SERVE SUPERVISING DEPUTY ATTORNEY GENERAL LAWRENCE BRAGG WITH A COPY OF: 1) PLAINTIFF’S COMPLAINT (ECF NO. 9); 2) THE SCREENING ORDER (ECF NOS. 11 & 16); AND 3) THIS ORDER 16 17 Raymond H. Denton (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The Court has screened 20 Plaintiff’s complaint and found it states at least one cognizable claim. At least one defendant 21 has waived service of process. 22 The Court now directs the parties to participate in a settlement conference before a 23 Magistrate Judge to see if the case can reach an early settlement. While the Court is directing 24 the parties to participate in an early settlement conference, the Court is not staying the case or 25 extending any deadlines. If a party wants a deadline extended, that party may file a motion to 26 extend the deadline. 27 28 Plaintiff will be transported to the settlement conference and defense counsel will \\\ 1 1 appear in person.1 Neither side is waiving any claims, defenses, or objections by participating 2 in this settlement conference. 3 Defense counsel is directed to consider Plaintiff’s claim(s) and speak with Plaintiff 4 following this order.2 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 8 without an early settlement conference. 9 If defense counsel does not opt out of the settlement conference, the Court will issue 10 separate order(s) 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.3 17 18 Accordingly, IT IS HEREBY ORDERED that: 1. Within forty-five days from the date of service of this order, the assigned 19 Deputy Attorney General shall either: (1) file a notice that Defendant(s) opt out 20 of the settlement conference; or (2) contact ADR Coordinator Sujean Park 21 (spark@caed.uscourts.gov) to schedule the settlement conference.4 If the 22 assigned Deputy Attorney General does not opt out of the settlement conference, 23 24 25 26 27 28 1 In light of the coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the settlement conference may be conducted telephonically or by some other remote means. 2 In light of the coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the parties may confer by letter. 3 If any party has a legal objection to providing a particular document, that party shall file and serve a notice describing its objection. 4 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 the Court will issue an order setting a settlement conference. That order will 2 include the date of the conference and the Magistrate Judge who will oversee the 3 conference, and may also include procedures required by that Judge.5 4 2. If a settlement conference is set, no later than two weeks after the date of service 5 of the order setting the settlement conference, each party shall send the other 6 parties, or their attorneys (if represented), the documents listed below. The 7 parties only need to provide documents related to the claim(s) that the Court 8 allowed to proceed past the screening stage. Additionally, defense counsel does 9 not need to include any documents that defense counsel believes are confidential 10 or subject to the official information privilege at this time. Plaintiff does not 11 need to request any documents from the institution at this time. Plaintiff only 12 needs to provide these documents if Plaintiff already has them in his or her 13 possession. Defense counsel shall send copies of the following documents to 14 Plaintiff and Plaintiff shall send copies to counsel for Defendant(s): a. Documents regarding exhaustion of Plaintiff’s claims, including 602s, 15 16 Form 22s, and responses from the appeals office; 17 b. All non-confidential documents regarding Rules Violation Reports, if 18 any exist, associated with the incident(s) alleged in the complaint, 19 including disciplinary charges and findings; c. All of Plaintiff’s medical records related to the incident and/or condition 20 21 at issue in the case, if any exist; 22 d. Chronos for transfer or Administrative Segregation placement related to 23 the incident(s) alleged in the complaint, if any exist; and 24 e. Non-confidential incident reports regarding the use of force incident(s) 25 alleged in the complaint, if any exist; 26 Additionally, the parties may send any other documents related to the case that 27 28 5 The undersigned will not be the Magistrate Judge overseeing the settlement conference. 3 1 the parties believe will assist in the settlement conference. 2 3. The parties remain obligated to keep the Court informed of their current address. 3 Any change of address must be reported promptly to the Court in a separate 4 document captioned for this case and entitled “Notice of Change of Address.” 5 See L.R. 182(f). 6 4. The Clerk of Court shall serve Supervising Deputy Attorney General Lawrence 7 Bragg with a copy of: (1) Plaintiff’s complaint (ECF No. 9); (2) the screening 8 order (ECF Nos. 11 & 16); and (3) this order. 9 10 11 IT IS SO ORDERED. Dated: October 14, 2020 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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