(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TODD D. BURPEE, 12 13 14 15 16 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. 17 18 Plaintiff Todd D. Burpee is a state prisoner proceeding pro se and in forma pauperis on 19 his Complaint brought pursuant to 42 U.S.C. § 1983. (Doc. No. 1). As set forth in the Court’s 20 July 28, 2023 Screening Order, Plaintiff’s Complaint stated only a cognizable Fourteenth 21 Amendment equal protection claim against Defendants Huff and Unknown Correctional Officer, 22 on which Plaintiff agrees to proceed. (Doc. Nos. 10, 11). On November 13, 2023. Defendant 23 Huff filed an Answer to the Complaint. (Doc. No. 19). 24 The Court refers all civil rights cases filed by pro se individuals to early Alternative 25 Dispute Resolution (ADR) to try to resolve such cases more expeditiously and less expensively. 26 See also Local Rule 270. In appropriate cases, defense counsel from the California Attorney 27 General’s Office have agreed to participate in early ADR. No claims, defenses, or objections are 28 waived by the parties’ participation. 1 Attempting to resolve this matter early through settlement now would save the parties the 2 time and expense of engaging in lengthy and costly discovery and preparing substantive 3 dispositive motions. The Court therefore will STAY this action for 60 DAYS to allow the parties 4 an opportunity to investigate Plaintiff’s claims, meet and confer, and engage in settlement 5 discussions, or agree to participate in an early settlement conference conducted by a magistrate 6 judge. If after investigating Plaintiff’s claims and meeting and conferring, either party finds that a 7 settlement conference would be a waste of resources, the party may opt out of the early settlement 8 conference. 9 Accordingly, it is ORDERED: 10 1. This action will remain STAYED until further order to allow the parties an 11 opportunity to settle their dispute. The parties may not file other pleadings or motions during the 12 stay period. Further, the parties shall not engage in formal discovery until the Court issues a 13 Scheduling and Discovery Order. 14 2. Within 60 days from the date on this Order, or no later than January 14, 2024, the 15 parties shall file a notice if they object to proceeding to an early settlement conference or if they 16 believe that settlement is not currently achievable. 17 3. If neither party has opted out of settlement by the expiration of the objection 18 period, the Court will assign this matter by separate Order to a United States Magistrate Judge, 19 other than the undersigned, for conducting the settlement conference. 20 21 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. 22 23 24 25 26 27 28 Dated: November 14, 2023 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

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