(PC) Rodriguez v. Cate et al

Filing 44

ORDER signed by Magistrate Judge Sheila K. Oberto on 6/21/2023 REFERRING CASE TO POST-SCREENING ADR AND STAYING CASE FOR 90 DAYS. 45-Day Deadline. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERICK EDDIE RODRIGUEZ,

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Plaintiff,

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v.

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M. CATE, et al.,

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Defendants.

Case No.: 1:21-cv-00898-ADA-SKO (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE
FOR 90 DAYS
FORTY-FIVE (45) DAY DEADLINE

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Plaintiff Erick Eddie Rodriguez is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. This matter proceeds on Plaintiff’s conditions of

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confinement claims against Defendants M. Cate and M. D. Biter in violation of the Eighth

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Amendment. On June 20, 2023, Defendants filed an answer to Plaintiff’s first amended

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complaint. (Doc. 43.)

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The Court refers all civil rights cases filed by pro se inmates to Alternative Dispute

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Resolution (“ADR”) to attempt to resolve such cases more expeditiously and less expensively.

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No claims, defenses, or objections are waived by the parties’ participation.

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The Court stays this action for ninety days to allow the parties to investigate Plaintiff’s

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claims, meet and confer, and participate in an early settlement conference. The Court presumes

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that all post-screening civil rights cases assigned to the undersigned will proceed to a settlement

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conference. However, if, after investigating Plaintiff’s claims and meeting and conferring, either

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

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the early settlement conference.

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Accordingly, it is hereby ORDERED:

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1. This action is STAYED for ninety (90) days to allow the parties an opportunity to

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settle their dispute before the discovery process begins. No pleadings or motions may

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be filed in this case during the stay. The parties shall not engage in formal discovery,

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but they may engage in informal discovery to prepare for the settlement conference.

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2. Within forty-five (45) days from the date of this order, the parties SHALL file the

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attached notice, indicating their agreement to proceed to an early settlement

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conference or their belief that settlement is not achievable at this time.

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3. Within sixty (60) days from the date of this order, if all parties elect to proceed to an

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early settlement conference, defense counsel SHALL contact the undersigned’s

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Courtroom Deputy at [e-mail] to schedule the settlement

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conference.

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4. If the parties reach a settlement during the stay of this action, they SHALL file a

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Notice of Settlement as required by Local Rule 160.

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5. The parties are obligated to keep the Court informed of their current addresses during

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the stay and the pendency of this action. Changes of address must be reported

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promptly in a Notice of Change of Address. See L.R. 182(f).

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

June 21, 2023

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UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:21-cv-00898-ADA-SKO (PC)

ERICK EDDIE RODRIGUEZ,

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Plaintiff,

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v.

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M. CATE, et al.,

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NOTICE REGARDING EARLY
SETTLEMENT CONFERENCE

Defendants.

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The party or counsel agrees that an early settlement conference would be productive and
wishes to engage in an early settlement conference.

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Yes ____

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No ____

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Dated:
________________________________

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Plaintiff or Counsel for Defendants

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