(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONNIE SHERRORS,

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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.

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This matter comes before the court upon sua sponte review of the file which was

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reassigned to the undersigned on November 17, 2020. (Doc. No. 21). Plaintiff Ronnie Sherrors

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is a state prisoner proceeding pro se in this civil rights action brought under 42 U.S.C. § 1983.

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(Doc. No. 1). The court screened Plaintiff’s complaint and found that it stated a cognizable

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medical deliberate indifference claim against Defendants. (Doc. No. 9). Defendants answered

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Plaintiff’s complaint on October 16, 2020. (Doc. No. 18).

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The court refers 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
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 may

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opt out of the early settlement conference.

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Accordingly, it is ORDERED:

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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 this case during

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the stay. The parties shall not engage in formal discovery, but they may engage in informal discovery

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to prepare for the settlement conference.

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3.

Within 30 days from the date of this order, either party may file notice indicating

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their belief that settlement is not achievable at this time. If either party opts out of the settlement

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conference the court will issue a discovery and scheduling order.

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4.

If neither party opts out, the assigned Deputy Attorney General SHALL within 45

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days of this Order contact the undersigned’s Courtroom Deputy Clerk at kdunbar-

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[e-mail] to schedule the settlement conference. Before doing so, defense counsel

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should confirm with Plaintiff’s institution that Plaintiff will have access to Zoom on their proposed

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date for the settlement conference.

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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.

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The Clerk of Court shall serve Deputy Attorney General Kandice H. Jung and

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Supervising Deputy Attorney General Lawrence Bragg with a copy of Plaintiff’s complaint (Doc

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No. 1); the court’s screening order and (Doc No. 9); and this Order.

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7.

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 promptly in a Notice of

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Change of Address. See Local Rule 182(f).

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IT IS SO ORDERED.

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Dated:

June 3, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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