(PC) Perez v. Smith et al

Filing 29

ORDER Setting Remote Settlement Conference and Staying Case for 70 Days signed by Magistrate Judge Stanley A. Boone on 1/7/2021. Notice re Settlement due within thirty (30) days. Remote Settlement Conference set for 3/16/2021 at 01:30 PM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDRO S. PEREZ,

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Plaintiff,

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v.

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A, SMITH, et al.,

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Defendants.

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Case No.: 1:20-cv-00840-DAD-SAB (PC)
ORDER SETTING REMOTE SETTLEMENT
CONFERENCE AND STAYING CASE FOR
70 DAYS
Date: March 16, 2021
Time: 1:30 p.m.

Plaintiff Sandro S. Perez is proceeding pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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The Court finds this case suitable for referral to post-screening ADR (Alternative Dispute

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Resolution), which is an effort to resolve such cases more expeditiously and less expensively. No

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claims, defenses or objections shall be waived by the parties’ participation. In appropriate cases,

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defense counsel form the California State Attorney General’s Office has agreed to participate in these

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early settlements.

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As set forth in the screening order, Plaintiff has stated a cognizable civil rights claim. But,

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stating a cognizable claim does not mean Plaintiff will prevail at trial. Thus, the Court stays this

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action for a period of 70 days to allow the parties to investigate Plaintiff’s claims, meet and confer,

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and then participate in a settlement conference.

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Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct a

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settlement conference on March 16, 2021 at 1:30 p.m. In light of the coronavirus (COVID-19)

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outbreak and evolving coronavirus protocols, the Court finds that the parties shall appear remotely via

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the Zoom videoconferencing application.

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Counsel for Defendants shall contact Courtroom Deputy, Esther Valdez, at [phone] or

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[e-mail] for the video and dial-in information, including any necessary passcodes,

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for all parties. Counsel for Defendants is also required to arrange for Plaintiff’s participation by

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contacting the Litigation Coordinator at the institution where Plaintiff is housed and providing the

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necessary Zoom contact information.

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In issuing this order, there is a presumption that this case will proceed to a settlement

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conference.1 However, if after investigating Plaintiff’s claims and speaking with Plaintiff, and after

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conferring with others, defense counsel in good faith finds that a settlement conference would be a

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waste of resources, defense counsel may move to opt out of this early settlement conference. A

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written notice to opt out must be filed within 30 days of the date of the issuance of this order.

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The parties shall each submit to Judge McAuliffe a confidential settlement conference

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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

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obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what the

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restitution obligation is, but what the value the of the case itself is to each side, irrespective of any

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outstanding restitution obligation.

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In accordance with the above, IT IS HEREBY ORDERED that:

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This action is STAYED for 70 days to allow the parties an opportunity to settle their

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dispute before the discovery process begins. Except as provided herein or by

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subsequent court order, no other pleadings or other documents may be filed in this case

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during the stay of this action. The parties shall not engage in formal discovery, but may

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engage is informal discovery to prepare for the settlement conference.

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If the case does not settle, the Court will then issue an Amended Discovery and Scheduling Order.

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McAuliffe on March 16, 2021, at 1:30 p.m.

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A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.

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This case is set for a remote settlement conference before Magistrate Judge Barbara A.

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Those in attendance must be prepared to discuss the claims, defenses and damages.

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The failure of any counsel, party or authorized person subject to this order to appear in

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person may result in the cancellation of the conference and the imposition of sanctions.

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The manner and timing of Plaintiff’s transportation to and from the conference is

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within the discretion of CDCR.

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5.

Defendants shall provide a confidential settlement statement to the following email

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address: [e-mail]. Plaintiff shall mail his confidential

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settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California,

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93721, “Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall

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be marked “Confidential Settlement Statement”. Settlement statements shall arrive no

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later than March 9, 2021. Parties shall also file a Notice of Submission of Confidential

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Settlement Statement (See Local Rule 270(d)). Settlement statements should not be

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filed with the Clerk of the Court nor served on any other party. Settlement

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statements shall be clearly marked “confidential” with the date and time of the

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settlement conference indicated prominently thereon.

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The confidential settlement statement shall be no longer than five pages in length,

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typed or neatly printed, and include the following:

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a. A brief statement of the facts of the case.

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b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties’ likelihood of

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prevailing on the claims and defenses; and a description of the major issues in

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dispute.

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c. An estimate of the cost and time to be expended for further discovery, pretrial, and
trial.
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d. The party’s position on settlement, including present demands and offers and a

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history of past settlement discussions, offers, and demands.

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e. A brief statement of each party’s expectations and goals for the settlement

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conference, including how much a party is willing to accept and/or willing to pay.

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f. If the parties intend to discuss the joint settlement of any other actions or claims not

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in this suit, give a brief description of each action or claim as set forth above,

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including case number(s), if applicable.
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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.

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If the defense counsel wishes to “opt- out” of this settlement for the reasons stated

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above, counsel must do so within thirty (30) days of this order by filing a “Notice of

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Opt-Out and Request to Vacate Settlement Conference.”
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The parties remain obligated to keep the court informed of their current address at all

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times during the stay and while the action is pending. Any change of address must be

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reported promptly to the court in a separate document captioned for this case and

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entitled “Notice of Change of Address.” See Local Rule 182(f).
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A failure to follow these procedures may result in the imposition of sanctions by the
court.

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IT IS SO ORDERED.

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Dated:

January 7, 2021
UNITED STATES MAGISTRATE JUDGE

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