(PC) Fields v. Sanchez, et al.

Filing 24

ORDER REFERRING Case to Post-Screening ADR and STAYING Case for 90 Days, signed by Magistrate Judge Christopher D. Baker on 7/3/2024. Within 45 days from the date of this Order, the parties SHALL file the attached notice, indicating their agreement to proceed to an early settlement conference or their belief that settlement is not achievable at this time. (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE FIELDS, 12 13 14 15 Plaintiff, v. J. SANCHEZ, et al., Case No.: 1:22-cv-01122-KES-CDB ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 90 DAYS FORTY-FIVE (45) DAY DEADLINE Defendants. 16 17 Plaintiff Devonte Fields is proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Defendants Burnes, Flores, and Sanchez filed an answer to 19 Plaintiff’s complaint on July 2, 2024. 20 The Court refers all civil rights cases filed by pro se inmates to Alternative Dispute 21 Resolution (“ADR”) to attempt to resolve such cases more expeditiously and less expensively. 22 The Court stays this action for ninety days to allow the parties to investigate Plaintiff’s 23 claims, meet and confer, and participate in an early settlement conference. The Court presumes 24 that all post-screening civil rights cases assigned to the undersigned will proceed to a settlement 25 conference. However, if, after investigating Plaintiff’s claims and meeting and conferring, either 26 party finds that a settlement conference would be a waste of resources, the party may opt out of 27 the early settlement conference. 28 Accordingly, it is hereby ORDERED: 1 1. This action is STAYED for ninety (90) days to allow the parties an opportunity to 2 settle their dispute before the discovery process begins. No pleadings or motions may 3 be filed in this case during the stay. The parties shall not engage in formal discovery, 4 but they may engage in informal discovery to prepare for the settlement conference. 5 2. Within 45 days from the date of this Order, the parties SHALL file the attached 6 notice, indicating their agreement to proceed to an early settlement conference or their 7 belief that settlement is not achievable at this time. 8 3. Within 60 days from the date of this Order, the assigned Deputy Attorney General SHALL contact the undersigned’s Courtroom Deputy Clerk at shall@caed.uscourts.gov 9 10 to schedule the settlement conference, assuming the parties agree to participate in an 11 early settlement conference. 12 4. If the parties reach a settlement during the stay of this action, they SHALL file a 13 14 Notice of Settlement as required by Local Rule 160. 5. The Clerk of the Court SHALL serve via email copies of Plaintiff’s complaint (Doc. 15 1), the First Screening Order (Doc. 18), and this Order to Supervising Deputy 16 Attorney General Lawrence Bragg (Lawrence.Bragg@doj.ca.gov), and a copy of this 17 Order to ADR Coordinator Sujean Park. 18 6. The parties are obligated to keep the Court informed of their current addresses during 19 the stay and the pendency of this action. Changes of address must be reported 20 promptly in a Notice of Change of Address. See L.R. 182(f). 21 22 23 IT IS SO ORDERED. Dated: July 3, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, NOTICE REGARDING EARLY SETTLEMENT CONFERENCE v. 13 14 Case No. 1:22-cv-01122-KES-CDB DEVONTE FIELDS, J. SANCHEZ, et al., Defendants. 15 16 17 1. The party or counsel agrees that an early settlement conference would be productive and 18 wishes to engage in an early settlement conference. 19 Yes ____ No ____ 20 21 2. Plaintiff (check one): 22 _____ would like to participate in the settlement conference in person. 23 _____ would like to participate in the settlement conference by telephone or video 24 conference. 25 26 27 28 Dated: ________________________________ Plaintiff or Counsel for Defendants

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