(PC) Cortinas v. Vasquez et al

Filing 31

ORDER REFERRING Case to Post-Screening ADR and Staying Case for 90 Days, signed by Magistrate Judge Sheila K. Oberto on 10/14/2020. Notice re Settlement due within 40 days. (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WILLIAM CORTINAS, 12 13 14 15 Plaintiff, v. Case No. 1:19-cv-00367-NONE-SKO (PC) ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 90 DAYS VASQUEZ, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action. As set forth in 18 findings and recommendations, the Court has found that Plaintiff states at least one cognizable 19 claim for relief. (Doc. 16; see also Doc. 19.) On October 8, 2020, Defendants filed an answer to 20 Plaintiff’s second amended complaint. (Doc. 29.) 21 The Court is referring all civil rights cases filed by pro se inmates to Alternative Dispute 22 Resolution (ADR) to attempt to resolve such cases more expeditiously and less expensively. In 23 appropriate cases, defense counsel from the California Attorney General’s Office have agreed to 24 participate in ADR. No claims, defenses, or objections are waived by the parties’ participation. 25 The Court, therefore, STAYS this action for 90 days to allow the parties to investigate 26 Plaintiff’s claims, meet and confer, and participate in an early settlement conference. The Court 27 presumes that all post-screening civil rights cases assigned to the undersigned will proceed to a 28 settlement conference. However, if, after investigating Plaintiff’s claims and meeting and 1 conferring, either party finds that a settlement conference would be a waste of resources, the party 2 may opt out of the early settlement conference. 3 Accordingly, the Court ORDERS: 4 1. This action is STAYED for 90 days to allow the parties an opportunity to settle their 5 dispute before the discovery process begins. No other pleadings or documents may be 6 filed in this case during the stay. The parties shall not engage in formal discovery, but 7 they may engage in informal discovery to prepare for the settlement conference. 8 2. Within 40 days from the date of this order, the parties SHALL file the attached 9 notice, indicating their agreement to proceed to an early settlement conference or their 10 belief that settlement is not achievable at this time. 11 3. Within 45 days from the date of this order, the assigned Deputy Attorney General 12 SHALL contact the undersigned’s Courtroom Deputy Clerk at 13 wkusamura@caed.uscourts.gov to schedule the settlement conference. 14 4. If the parties reach a settlement during the stay of this action, they SHALL file a 15 Notice of Settlement as required by Local Rule 160. 16 5. The Clerk of the Court SHALL serve via email copies of Plaintiff’s second amended 17 complaint (Doc. 15), the Court’s findings and recommendations (Doc. 16) and order 18 adopting same (Doc. 19), and this order to Supervising Deputy Attorney General 19 Lawrence Bragg, and a copy of this order to ADR Coordinator Sujean Park 20 Castelhano. 21 6. The parties are obligated to keep the Court informed of their current addresses during 22 the stay and pendency of this action. Changes of address must be reported promptly in 23 a Notice of Change of Address. See Local Rule 182(f). 24 25 26 27 IT IS SO ORDERED. Dated: October 14, 2020 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 2 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 Case No. 1:19-cv-00367-NONE-SKO (PC) LARRY WILLIAM CORTINAS, Plaintiff, NOTICE REGARDING EARLY SETTLEMENT CONFERENCE v. VASQUEZ, et al., 15 Defendants. 16 17 The party agrees that an early settlement conference would be productive and wishes to 18 engage in an early settlement conference. Yes ____ 19 No ____ 20 21 22 23 24 25 26 27 28 Dated: ________________________________ Plaintiff or Counsel for Defendants

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