(PC) Sherrors v. Loera et al

Filing 25

ORDER Referring Case to Postscreening ADR and Stay of Case for 90 Days signed by Magistrate Judge Helena M. Barch-Kuchta on 06/03/2021. Thirty-Day Deadline. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE SHERRORS, 12 13 14 15 Plaintiff, v. Case No. 1:19-cv-01617-DAD-HBK ORDER REFERRING CASE TO POSTSCREENING ADR AND STAY OF CASE FOR 90 DAYS LOERA, et al., Defendants. 16 17 This matter comes before the court upon sua sponte review of the file which was 18 reassigned to the undersigned on November 17, 2020. (Doc. No. 21). Plaintiff Ronnie Sherrors 19 is a state prisoner proceeding pro se in this civil rights action brought under 42 U.S.C. § 1983. 20 (Doc. No. 1). The court screened Plaintiff’s complaint and found that it stated a cognizable 21 medical deliberate indifference claim against Defendants. (Doc. No. 9). Defendants answered 22 Plaintiff’s complaint on October 16, 2020. (Doc. No. 18). 23 The court refers all civil rights cases filed by pro se inmates to Alternative Dispute 24 Resolution (ADR) to attempt to resolve such cases more expeditiously and less expensively. In 25 appropriate cases, defense counsel from the California Attorney General’s Office have agreed to 26 participate in ADR. No claims, defenses, or objections are waived by the parties’ participation. 27 28 The court, therefore, STAYS this action for 90 days to allow the parties to investigate Plaintiff’s claims, meet and confer, and participate in an early settlement conference. The court 1 1 presumes that all post-screening civil rights cases assigned to the undersigned will proceed to a 2 settlement conference. However, if after investigating Plaintiff’s claims and meeting and 3 conferring either party finds that a settlement conference would be a waste of resources, the party may 4 opt out of the early settlement conference. 5 Accordingly, it is ORDERED: 6 1. This action is STAYED for 90 days to allow the parties an opportunity to settle their 7 dispute before the discovery process begins. No pleadings or motions may be filed in this case during 8 the stay. The parties shall not engage in formal discovery, but they may engage in informal discovery 9 to prepare for the settlement conference. 10 3. Within 30 days from the date of this order, either party may file notice indicating 11 their belief that settlement is not achievable at this time. If either party opts out of the settlement 12 conference the court will issue a discovery and scheduling order. 13 4. If neither party opts out, the assigned Deputy Attorney General SHALL within 45 14 days of this Order contact the undersigned’s Courtroom Deputy Clerk at kdunbar- 15 kari@caed.uscourts.gov to schedule the settlement conference. Before doing so, defense counsel 16 should confirm with Plaintiff’s institution that Plaintiff will have access to Zoom on their proposed 17 date for the settlement conference. 18 19 20 5. If the parties reach a settlement during the stay of this action, they SHALL file a Notice of Settlement as required by Local Rule 160. 6. The Clerk of Court shall serve Deputy Attorney General Kandice H. Jung and 21 Supervising Deputy Attorney General Lawrence Bragg with a copy of Plaintiff’s complaint (Doc 22 No. 1); the court’s screening order and (Doc No. 9); and this Order. 23 7. The parties are obligated to keep the court informed of their current addresses during 24 the stay and the pendency of this action. Changes of address must be reported promptly in a Notice of 25 Change of Address. See Local Rule 182(f). 26 //// 27 //// 28 2 1 IT IS SO ORDERED. 2 3 4 Dated: June 3, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 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

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