(PC) Harris v. Munoz et al

Filing 30

ORDER referring case to early ADR and stay of case signed by Magistrate Judge Helena M. Barch-Kuchta on 5/18/2023. Deadline to opt out due by 8/18/2023. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVONTE B. HARRIS,

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Plaintiff,
v.

Case No. 1:21-cv-01372-JLT-HBK (PC)
ORDER REFERRING CASE TO EARLY
ADR AND STAY OF CASE
DEADLINE TO OPT OUT DUE BY:

E. MUNOZ and J. CERDA,

AUGUST 18, 2023

Defendants.

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Plaintiff Devonte B. Harris is a state prisoner proceeding pro se on his first amended

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complaint brought pursuant to 42 U.S.C. § 1983. (Doc. No. 14, “FAC”). As set forth in the

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Court’s March 23, 2023 Findings and Recommendations, Plaintiff’s FAC stated a cognizable

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First Amendment retaliation claim against Defendants Cerda and Munoz. (Doc. No. 24 at 1). On

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May 16, 2023, Defendants Cerda and Munoz filed an Answer and Affirmative Defenses to the

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FAC. (Doc. No. 29).

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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 90 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. The Court presumes that all post-screening civil rights cases assigned to the undersigned

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will proceed to a settlement conference at some point. If after investigating Plaintiff’s claims and

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meeting and conferring, either party finds that a settlement conference would be a waste of

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resources, the party may opt out of the early settlement 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 90 days from the date on this Order, or no later than August 18, 2023, 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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The Clerk of Court shall serve Deputy Attorney General Joshua Shuster and

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Supervising Deputy Attorney General Joanna Hood with a copy of Plaintiff’s FAC (Doc No. 14);

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the Court’s March 23, 2023 Findings and Recommendations (Doc No. 24); and this Order.

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6.

If either party opts out a settlement conference, the Court will issue a Discovery

and Scheduling Order.

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7.

The parties must keep the Court informed of their current addresses during the stay

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and the pendency of this action. Any changes of address must be reported promptly by filing a

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Notice of Change of Address with the Clerk of Court. See Local Rule 182(f).

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Dated:

May 18, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE