(PC) Alexander v. Garza et al

Filing 29

ORDER SETTING Remote Settlement Conference and STAYING Case for 70 Days signed by Magistrate Judge Stanley A. Boone on 9/20/2021. Remote Settlement Conference set for 11/23/2021 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Sant Agata, S)

Case 1:20-cv-01486-DAD-SAB Document 29 Filed 09/20/21 Page 1 of 5

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8

JULIAN J. ALEXANDER,

9
10
11

Plaintiff,
v.
GARZA, et al.,

12
Defendants.
13

)
)
)
)
)
)
)
)
)
)

Case No.: 1:20-cv-01486-DAD-SAB (PC)
ORDER SETTING REMOTE SETTLEMENT
CONFERENCE AND STAYING CASE FOR
70 DAYS
Date: November 23, 2021
Time: 9:30 a.m.

14
15
16

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

17

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

18

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

19

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

20

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

21

early settlements.

22

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

23

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

24

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

25

and then participate in a settlement conference.

26
27

Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct a
settlement conference on November 23, 2021 at 9:30 a.m. In light of the coronavirus (COVID-19)

28
1

Case 1:20-cv-01486-DAD-SAB Document 29 Filed 09/20/21 Page 2 of 5

1

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

2

the Zoom videoconferencing application.

3

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

4

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

5

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

6

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

7

necessary Zoom contact information.

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15
16

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

17

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

18

outstanding restitution obligation.

19

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

20

1.

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

21

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

22

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

23

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

24

engage is informal discovery to prepare for the settlement conference.
2.

25

This case is set for a remote settlement conference before Magistrate Judge Barbara A.
McAuliffe on November 23, 2021, at 9:30 a.m.

26
27
28

1

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

2

Case 1:20-cv-01486-DAD-SAB Document 29 Filed 09/20/21 Page 3 of 5

1

3.

settlement shall attend in person.

2
3

A representative with full and unlimited authority to negotiate and enter into a binding

4.

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

4

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

5

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

6

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

7

within the discretion of CDCR.

8

5.

Defendants shall provide a confidential settlement statement to the following email
address: [e-mail]. Plaintiff shall mail his confidential

9
10

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

11

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

12

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

13

later than November 16, 2021. Parties shall also file a Notice of Submission of

14

Confidential Settlement Statement (See Local Rule 270(d)). Settlement statements

15

should not be filed with the Clerk of the Court nor served on any other party.

16

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

17

the settlement conference indicated prominently thereon.

18

6.

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

19

typed or neatly printed, and include the following:

20

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

21

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

22

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

23

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

24

dispute.

25
26
27
28

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.
3

Case 1:20-cv-01486-DAD-SAB Document 29 Filed 09/20/21 Page 4 of 5

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

1

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

2

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

3
4

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

5

including case number(s), if applicable.

6

7.

a Notice of Settlement in accordance with Local Rule 160.

7
8

8.

If the defense counsel wishes to “opt- out” of this settlement for the reasons stated
above, counsel must do so within thirty (30) days of this order by filing a “Notice of

9

Opt-Out and Request to Vacate Settlement Conference.”

10
11

If a settlement is reached at any point during the stay of this action, the parties shall file

9.

If defense counsel does not wish to opt-out, defense counsel shall contact the

12

Litigation Coordinator at the institution where Plaintiff is housed to determine whether

13

the institution can accommodate a Zoom video appearance by Plaintiff at this date and

14

time. Within thirty (30) days of this order, defense counsel shall file a notice advising

15

the Court whether the institution can accommodate Plaintiff’s appearance.

16

10.

The parties remain obligated to keep the court informed of their current address at all

17

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

18

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

19

entitled “Notice of Change of Address.” See Local Rule 182(f).

20
21

11.

A failure to follow these procedures may result in the imposition of sanctions by the
court.

22
23
24
25
26
27
28
4

Case 1:20-cv-01486-DAD-SAB Document 29 Filed 09/20/21 Page 5 of 5

1
2
3
4
5
6
7
8

IT IS SO ORDERED.

9

Dated:

10

September 20, 2021
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5