(PC) Thomas v. Chenalo et al

Filing 29

ORDER referring case to early ADR and Stay of Case signed by Magistrate Judge Helena M. Barch-Kuchta on 11/8/2022. Deadline to opt out due by February 9, 2023. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT EUGENE THOMAS,

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Plaintiff,
v.
FLORES, SALAS, MEDINA, and C/O #1
THIRD WATCH,

Case No. 1:19-cv-01185-AWI-HBK (PC)
ORDER REFERRING CASE TO EARLY
ADR AND STAY OF CASE
DEADLINE TO OPT OUT DUE BY:
February 9, 2023

Defendants.

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Plaintiff Albert Eugene Thomas is a state prisoner proceeding pro se and in forma

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pauperis on his Second Amended Complaint brought pursuant to 42 U.S.C. § 1983. (Doc. Nos.

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11, 20). As set forth in the August 2, 2022 Findings and Recommendations, the Court determined

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Plaintiff’s SAC stated a cognizable Eighth Amendment claim against Defendants Flores, Salas,

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Medina, and C/O #1 Third Watch for unconstitutional conditions of confinement but no other

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claims against any other named Defendants. (Doc. No. 21., “F&R”). The F&R was adopted in

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full by the district court. (Doc. No. 22).

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The Court refers all civil rights cases filed by pro se individuals to Alternative Dispute
Resolution (ADR) to attempt to resolve such cases more expeditiously and less expensively. See
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also Local Rule 270. In appropriate cases, defense counsel from the California Attorney

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General’s Office have agreed to participate in early ADR. No claims, defenses, or objections are

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waived by the parties’ participation.

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Attempting to resolve this matter early through settlement now would save the parties the

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time and expense of engaging in lengthy and costly discovery and preparing substantive

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dispositive motions. The Court therefore will STAY this action for 90 DAYS to allow the parties

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to investigate Plaintiff’s claims, meet and confer, and engage in settlement discussion or agree to

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participate in an early settlement conference conducted by a magistrate judge. 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. If, however, 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.

This action will remain STAYED until further order to allow the parties an

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opportunity to settle their dispute. No pleadings or motions may be filed in this case during the

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stay and the parties shall not engage in formal discovery.

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2.

Within 90 days from the date on this Order, or no later than February 9, 2023,

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the parties shall file a notice if they object to proceeding to a settlement conference or if they

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believe that settlement is not currently achievable.

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3.

If neither party has opted out of settlement by the expiration of the objection

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period, the Court will assign this matter by separate Order to a United States Magistrate Judge,

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other than the undersigned, for conducting the settlement conference.

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4.

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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The Clerk of Court shall serve a courtesy copy of copy of Plaintiff’s second

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amended complaint (Doc No. 20); the Court’s August 2, 2022 Findings and Recommendations

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(Doc. No. 21) and this Order on Supervising Deputy Attorney General Lawrence Bragg.

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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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Dated:

November 8, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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