(PC) Todd D. Burpee v. Huff et al

Filing 21

ORDER Referring Case to Early ADR and Stay of Case signed by Magistrate Judge Helena M. Barch-Kuchta on 11/14/2023. Case stayed. Notice to Opt-Out deadline: 1/14/2024. (Xiong, J.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TODD D. BURPEE,

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Plaintiff,
v.

Case No. 1:21-cv-00297-ADA-HBK (PC)
ORDER REFERRING CASE TO EARLY
ADR AND STAY OF CASE
DEADLINE TO OPT OUT DUE BY:

HUFF and UNKNOWN CORRECTIONAL
OFFICER,

January 14, 2024

Defendants.

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Plaintiff Todd D. Burpee is a state prisoner proceeding pro se and in forma pauperis on

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his Complaint brought pursuant to 42 U.S.C. § 1983. (Doc. No. 1). As set forth in the Court’s

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July 28, 2023 Screening Order, Plaintiff’s Complaint stated only a cognizable Fourteenth

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Amendment equal protection claim against Defendants Huff and Unknown Correctional Officer,

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on which Plaintiff agrees to proceed. (Doc. Nos. 10, 11). On November 13, 2023. Defendant

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Huff filed an Answer to the Complaint. (Doc. No. 19).

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The Court refers all civil rights cases filed by pro se individuals to early Alternative

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Dispute Resolution (ADR) to try to resolve such cases more expeditiously and less expensively.

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See also Local Rule 270. In appropriate cases, defense counsel from the California Attorney

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General’s Office have agreed to participate in early ADR. No claims, defenses, or objections are

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waived by the parties’ participation.

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Attempting to resolve this matter early through settlement now would save the parties the

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time and expense of engaging in lengthy and costly discovery and preparing substantive

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dispositive motions. The Court therefore will STAY this action for 60 DAYS to allow the parties

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an opportunity to investigate Plaintiff’s claims, meet and confer, and engage in settlement

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discussions, or agree to participate in an early settlement conference conducted by a magistrate

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judge. If after investigating Plaintiff’s claims and meeting and conferring, either party finds that a

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settlement conference would be a waste of resources, the party may opt out of the early settlement

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conference.

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Accordingly, it is ORDERED:

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1.

This action will remain STAYED until further order to allow the parties an

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opportunity to settle their dispute. The parties may not file other pleadings or motions during the

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stay period. Further, the parties shall not engage in formal discovery until the Court issues a

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Scheduling and Discovery Order.

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2.

Within 60 days from the date on this Order, or no later than January 14, 2024, the

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parties shall file a notice if they object to proceeding to an early settlement conference or if they

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believe that settlement is not currently achievable.

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3.

If neither party has opted out of settlement by the expiration of the objection

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period, the Court will assign this matter by separate Order to a United States Magistrate Judge,

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other than the undersigned, for conducting the settlement conference.

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4.

If the parties reach a settlement prior to the settlement conference, they SHALL

file a Notice of Settlement as required by Local Rule 160.

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Dated:

November 14, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE