(PC) Todd D. Burpee v. Huff et al
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.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TODD D. BURPEE,
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
January 14, 2024
Plaintiff Todd D. Burpee is a state prisoner proceeding pro se and in forma pauperis on
his Complaint brought pursuant to 42 U.S.C. § 1983. (Doc. No. 1). As set forth in the Court’s
July 28, 2023 Screening Order, Plaintiff’s Complaint stated only a cognizable Fourteenth
Amendment equal protection claim against Defendants Huff and Unknown Correctional Officer,
on which Plaintiff agrees to proceed. (Doc. Nos. 10, 11). On November 13, 2023. Defendant
Huff filed an Answer to the Complaint. (Doc. No. 19).
The Court refers all civil rights cases filed by pro se individuals to early Alternative
Dispute Resolution (ADR) to try to resolve such cases more expeditiously and less expensively.
See also Local Rule 270. In appropriate cases, defense counsel from the California Attorney
General’s Office have agreed to participate in early ADR. No claims, defenses, or objections are
waived by the parties’ participation.
Attempting to resolve this matter early through settlement now would save the parties the
time and expense of engaging in lengthy and costly discovery and preparing substantive
dispositive motions. The Court therefore will STAY this action for 60 DAYS to allow the parties
an opportunity to investigate Plaintiff’s claims, meet and confer, and engage in settlement
discussions, or agree to participate in an early settlement conference conducted by a magistrate
judge. If after investigating Plaintiff’s claims and meeting and conferring, either party finds that a
settlement conference would be a waste of resources, the party may opt out of the early settlement
Accordingly, it is ORDERED:
This action will remain STAYED until further order to allow the parties an
opportunity to settle their dispute. The parties may not file other pleadings or motions during the
stay period. Further, the parties shall not engage in formal discovery until the Court issues a
Scheduling and Discovery Order.
Within 60 days from the date on this Order, or no later than January 14, 2024, the
parties shall file a notice if they object to proceeding to an early settlement conference or if they
believe that settlement is not currently achievable.
If neither party has opted out of settlement by the expiration of the objection
period, the Court will assign this matter by separate Order to a United States Magistrate Judge,
other than the undersigned, for conducting the settlement conference.
If the parties reach a settlement prior to the settlement conference, they SHALL
file a Notice of Settlement as required by Local Rule 160.
November 14, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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