(PC) Navarro v. StClair et al
Filing
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ORDER REFERRING Case to Post-Screening ADR and STAYING Case for 90 Days, signed by Magistrate Judge Sheila K. Oberto on 3/25/2021. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GILBERT NAVARRO,
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Plaintiff,
v.
Case No. 1:20-cv-00524-NONE-SKO (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE
FOR 90 DAYS
J. STCLAIR, 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. 10; see also Doc. 16.) On December 7, 2020, Defendants Day, McKay, and St. Clair filed
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an answer to Plaintiff’s complaint. (Doc. 20.) On March 24, 2021, the Court dismissed
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Defendant Hernandez from this action. (Doc. 24.)
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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.
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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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wkusamura@caed.uscourts.gov 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. 8), the Court’s screening order (Doc. 10) and order adopting findings
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and recommendations (Doc. 16), and this order to Supervising Deputy Attorney
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General Lawrence Bragg, and a copy of this order to ADR Coordinator 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:
March 25, 2021
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:20-cv-00524-NONE-SKO (PC)
GILBERT NAVARRO,
Plaintiff,
NOTICE REGARDING EARLY
SETTLEMENT CONFERENCE
v.
J. STCLAIR, 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
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