(PC) Williams v. Allison et al

Filing 50

ORDER Referring Case to Post-Screening ADR and Staying Case signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2022. Notice of Opt-Out of Settlement Conference, if any, due within thirty (30) days. Settlement Conference set for 12/5/2022 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN W. WILLIAMS,

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Plaintiff,

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v.

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ALLISON, et al.,

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Defendants.

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Case No. 1:19-cv-00371-JLT-BAM (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE
Hearing:
Date:
Time:
Judge:
Location:

Settlement Conference
December 5, 2022
11:00 a.m.
Stanley A. Boone
via Zoom Videoconference

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Plaintiff John W. Williams (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s

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first amended complaint against Defendant Cota for retaliation in violation of the First Amendment

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and failure to protect in violation of the Eighth Amendment. Defendant Cota has answered the

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complaint. (ECF No. 47.)
Because it takes years to get to trial, the Court has identified this case as an appropriate case

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

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

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parties’ participation. In appropriate cases, defense counsel from the California State Attorney

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General’s Office has agreed to participate in these early settlements.

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As set forth in the Court’s screening order, this action states cognizable claims. But, stating

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cognizable claims does not mean Plaintiff will prevail at trial. Thus, the Court stays this action to

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allow the parties to investigate Plaintiff’s claims, meet and confer, and then participate in a settlement

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

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settlement conference, via the Zoom videoconferencing application, on December 5, 2022, at

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11:00 a.m. The Court will issue any necessary transportation order in due course.
Counsel for Defendant shall contact Courtroom Deputy Victoria Gonzales at [phone]

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or [e-mail] for the video and dial-in information, including any necessary

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passcodes, for all parties. Counsel for Defendant is also required to arrange for Plaintiff’s

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participation by contacting the Litigation Coordinator at the institution where Plaintiff is housed and

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providing the necessary Zoom contact information.

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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

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

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written notice 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,

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as described below, to arrive at least seven days (one week) prior to the conference.
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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If Defendant does not elect to opt out of the settlement conference, Defendant shall be prepared

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to negotiate the merits of the case and offer more than a waiver of costs as a reasonable compromise to

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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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settle the case. The parties are also informed that an offer of dismissal in exchange for a waiver of

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costs is not considered good faith settlement negotiations.
In accordance with the above, IT IS HEREBY ORDERED that:

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1. This action is STAYED to allow the parties an opportunity to settle their dispute before the

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discovery process begins. Except as provided herein or by subsequent court order, no other

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pleadings or other documents may be filed in this case during the stay of this action. The

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

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for the settlement conference.
2. This case is set for a video settlement conference, via the Zoom videoconferencing

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application, before Magistrate Judge Stanley A. Boone on December 5, 2022 at 11:00 a.m.

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

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settlement shall attend via the Zoom videoconferencing application.2

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4. Those in attendance must be prepared to discuss the claims, defenses and damages. The failure

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or refusal of any counsel, party or authorized person subject to this order to appear in person

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

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

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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.” The envelope shall be marked “Confidential Settlement

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Statement.” Settlement statements shall arrive no later than November 28, 2022. Parties shall

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also file a Notice of Submission of Confidential Settlement Statement (See Local Rule 270(d)).

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Settlement statements should not be filed with the Clerk of the Court nor served on any

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other party. Settlement statements shall be clearly marked “Confidential” with the date and

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In light of the coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the Court
may issue an order at a later date requiring the parties to appear in person.
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time of the settlement conference indicated prominently thereon.

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

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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 trial.

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d. The party’s position on settlement, including present demands and offers and a history
of past settlement discussions, offers, and demands.

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e. A brief statement of each party’s expectations and goals for the settlement conference,

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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 this

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

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number(s) if applicable.
7. If a settlement is reached at any point during the stay of this action, the parties shall file a

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Notice of Settlement in accordance with Local Rule 160.

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8. If defense counsel wishes to “opt-out” of this settlement for the reasons stated above, counsel

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must do so within thirty (30) days of this order by filing a “Notice of Opt-Out and Request to

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Vacate Settlement Conference.”
9. If defense counsel does not wish to opt-out, defense counsel shall contact the Litigation

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Coordinator at the institution where Plaintiff is housed to determine whether the

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institution can accommodate a Zoom video appearance by Plaintiff at this date and time.

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10. 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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11. 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

September 16, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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