(PC) Ardds v. Hicks et al

Filing 37

ORDER REFERRING CASE TO POST-SCREENING AND STAYING CASE FOR 95 DAYS,signed by Magistrate Judge Stanley A. Boone on 09/14/2020. (Settlement Conference set for 12/15/2020 at 01:00 PM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE L. ARDDS, 12 Plaintiff, 13 v. 14 D. HICKS, et.al., 15 Defendants. 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:19-cv-01738-DAD-SAB (PC) ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 95 DAYS Date: December 15, 2020 Time: 1:00 p.m. Place: Courtroom 8 (BAM) Before the Honorable Barbara A. McAuliffe Plaintiff Antoine L. Ardds is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Because it takes years to get to trial, the Court has identified this case as an appropriate case 21 for post-screening ADR (Alternative Dispute Resolution), which is an effort to resolve such cases 22 more expeditiously and less expensively. No claims, defenses or objections shall be waived by the 23 parties’ participation. In appropriate cases, defense counsel form the California State Attorney 24 General’s Office has agreed to participate in these early settlements. 25 As set forth in the screening order, Plaintiff has stated a cognizable civil rights claim. But, 26 stating a cognizable claim does not mean Plaintiff will prevail at trial. Thus, the Court stays this 27 action for a period of 95 days to allow the parties to investigate Plaintiff’s claims, meet and confer, 28 and then participate in a settlement conference. 1 Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct a 1 2 settlement conference at the United States Courthouse in Fresno, California on December 15, 2020 at 3 1:00 p.m. The Court will issue any necessary transportation order in due course. 4 In issuing this order, there is a presumption that this case will proceed to a settlement 5 conference.1 However, if after investigating Plaintiff’s claims and speaking with Plaintiff, and after 6 conferring with others, defense counsel in good faith finds that a settlement conference would be a 7 waste of resources, defense counsel may move to opt out of this early settlement conference. A 8 written notice to opt out must be filed within 30 days of the date of the issuance of this order. 9 The parties shall each submit to Judge McAuliffe a confidential settlement conference 10 statement, as described below, to arrive at least seven days prior (one week) to the conference. The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution 11 12 obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what the 13 restitution obligation is, but what the value the of the case itself is to each side, irrespective of any 14 outstanding restitution obligation. 15 In accordance with the above, IT IS HEREBY ORDERED that: 16 1. This action is STAYED for 95 days to allow the parties an opportunity to settle their 17 dispute before the discovery process begins. Except as provided herein or by 18 subsequent court order, no other pleadings or other documents may be filed in this case 19 during the stay of this action. The parties shall not engage in formal discovery, but may 20 engage is informal discovery to prepare for the settlement conference. 2. 21 This case is set for a settlement conference before Magistrate Judge Barbara A. 22 McAuliffe on December 15, 2020, at 1:00 p.m., at the United States Courthouse 23 located at 2500 Tulare Street, Fresno, California. 3. 24 A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person. 25 4. 26 Those in attendance must be prepared to discuss the claims, defenses and damages. 27 28 1 If the case does not settle, the Court will issue the Discovery and Scheduling Order. 2 1 The failure of any counsel, party or authorized person subject to this order to appear in 2 person may result in the cancellation of the conference and the imposition of sanctions. 3 The manner and timing of Plaintiff’s transportation to and from the conference is 4 within the discretion of CDCR. 5 5. Defendants shall provide a confidential settlement statement to the following email 6 address: bamorders@caed.uscourts.gov. Plaintiff shall mail his confidential 7 settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 8 93721, “Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall 9 be marked “Confidential Settlement Statement”. Settlement statements shall arrive no 10 later than December 8, 2020. Parties shall also file a Notice of Submission of 11 Confidential Settlement Statement (See Local Rule 270(d)). Settlement statements 12 should not be filed with the Clerk of the Court nor served on any other party. 13 Settlement statements shall be clearly marked “confidential” with the date and time of 14 the settlement conference indicated prominently thereon. 15 6. The confidential settlement statement shall be no longer than five pages in length, 16 typed or neatly printed, and include the following: 17 a. A brief statement of the facts of the case. 18 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 19 which the claims are founded; a forthright evaluation of the parties’ likelihood of 20 prevailing on the claims and defenses; and a description of the major issues in 21 dispute. 22 23 24 25 26 27 c. An estimate of the cost and time to be expended for further discovery, pretrial, and trial. d. The party’s position on settlement, including present demands and offers and a history of past settlement discussions, offers, and demands. e. A brief statement of each party’s expectations and goals for the settlement conference, including how much a party is willing to accept and/or willing to pay. 28 3 f. If the parties intend to discuss the joint settlement of any other actions or claims not 1 2 in this suit, give a brief description of each action or claim as set forth above, 3 including case number(s), if applicable. 7. 4 If a settlement is reached at any point during the stay of this action, the parties shall file a Notice of Settlement in accordance with Local Rule 160. 5 If the defense counsel wishes to “opt- out” of this settlement for the reasons stated 8. 6 7 above, counsel must do so within thirty (30) days of this order by filing a “Notice of 8 Opt-Out and Request to Vacate Settlement Conference.” 9. 9 The parties remain obligated to keep the court informed of their current address at all 10 times during the stay and while the action is pending. Any change of address must be 11 reported promptly to the court in a separate document captioned for this case and 12 entitled “Notice of Change of Address.” See Local Rule 182(f). 10. 13 A failure to follow these procedures may result in the imposition of sanctions by the court. 14 15 16 IT IS SO ORDERED. 17 Dated: 18 September 14, 2020 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 4

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