(PC) Gann v. CDCR et al

Filing 31

ORDER REFERRING Case to Post-Screening ADR and Staying Case for 90 Days, signed by Magistrate Judge Jennifer L. Thurston on 1/7/2021. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL MARCUS GANN,

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Plaintiff,
v.

Case No. 1:19-cv-01350-NONE-JLT (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE
FOR 90 DAYS

G. UGWUEZE, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action. As set forth in its

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screening order, the Court has found that Plaintiff states at least one cognizable claim for relief.

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(Doc. 16; see also Doc. 22.) On January 5, 2021, Defendants filed an answer to Plaintiff’s

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operative, first amended complaint. (Doc. 30.)

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The Court is referring all civil rights cases filed by pro se inmates to Alternative Dispute

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Resolution (ADR) to attempt to resolve such cases more expeditiously and less expensively. In

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appropriate cases, defense counsel from the California Attorney General’s Office have agreed to

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participate in ADR. No claims, defenses, or objections are waived by the 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. Accordingly, the Court ORDERS:

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1. This action is STAYED for 90 days to allow the parties an opportunity to settle their

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dispute before the discovery process begins. No pleadings or motions may be filed in

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this case during the stay. The parties shall not engage in formal discovery, but they

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may engage in informal discovery to prepare for the settlement conference.

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2. Within 40 days from the date of this order, the parties SHALL file the attached

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notice, indicating their agreement to proceed to an early settlement conference or their

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belief that settlement is not achievable at this time.

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3. Within 45 days from the date of this order, the assigned Deputy Attorney General

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SHALL contact the undersigned’s Courtroom Deputy Clerk at

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[e-mail] to schedule the settlement conference.

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4. If the parties reach a settlement during the stay of this action, they SHALL file a

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Notice of Settlement as required by Local Rule 160.

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5. The Clerk of the Court SHALL serve via email copies of Plaintiff’s first amended

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complaint (Doc. 14), the Court’s screening order (Doc. 16) and order adopting

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findings and recommendations (Doc. 22), and this order to Supervising Deputy

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Attorney General Lawrence Bragg, and a copy of this order to ADR Coordinator

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Sujean Park.

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6. The parties are obligated to keep the Court informed of their current addresses during

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the stay and the pendency of this action. Changes of address must be reported

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promptly in a Notice of Change of Address. See Local Rule 182(f).

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IT IS SO ORDERED.
Dated:

January 7, 2021

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL MARCUS GANN,

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Plaintiff,

Case No. 1:19-cv-01350-NONE-JLT (PC)
NOTICE REGARDING EARLY
SETTLEMENT CONFERENCE

v.
G. UGWUEZE, et al.,

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Defendants.

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The party believes that an early settlement conference would be productive and wishes to
engage in an early settlement conference.
Yes ____

No ____

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Dated:
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Plaintiff or Counsel for Defendants