(PC) Hounihan v. Villasenor

Filing 15

ORDER REGARDING Early Settlement Conference signed by Magistrate Judge Erica P. Grosjean on 5/19/2023. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 JASON SCOTT HOUNIHAN, 12 Plaintiff, 13 Case No. 1:23-cv-00163-EPG (PC) ORDER REGARDING EARLY SETTLEMENT CONFERENCE v. 14 JOSE C. VILLASENOR, 15 Defendant(s). 16 17 18 Jason Hounihan (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in 19 20 this civil rights action pursuant to 42 U.S.C. § 1983. The Court has screened Plaintiff’s 21 complaint and allowed at least one claim to proceed past screening. At least one defendant has 22 appeared. The Court now directs the parties to participate in a settlement conference before a 23 24 Magistrate Judge to see if the case can reach an early settlement. Neither side is waiving any 25 claims, defenses, or objections by participating in this settlement conference. Defense counsel is directed to consider Plaintiff’s claim(s) and to speak with Plaintiff 26 27 \\\ 28 \\\ 1 1 following this order.1 If, after investigating Plaintiff’s claim(s) and speaking with Plaintiff, 2 defense counsel in good faith finds that a settlement conference would not be productive at this 3 time, defense counsel may opt out of this settlement conference by filing a notice with the 4 Court, in which case the matter will proceed without an early settlement conference. 5 6 If defense counsel opts out of the settlement conference, or if the case does not settle at the conference, the case will proceed to litigation.2 7 If defense counsel does not opt out, the Court will issue separate order(s) setting the 8 settlement conference and detailing the pre-settlement conference procedures in due course. 9 Within fourteen days after the issuance of the order setting the settlement conference, in 10 order to better inform all parties and have a meaningful conference, the Court is requiring that 11 both parties disclose certain documents to each other about the case, as listed below. These 12 documents are relevant to the case and will most likely be disclosed in discovery shortly if this 13 case proceeds to litigation.3 14 Accordingly, IT IS HEREBY ORDERED that: 15 1. Within forty-five days from the date of service of this order, defense counsel 16 shall either: (1) file a notice stating that Defendant(s) opt out of the settlement 17 conference; or (2) contact ADR Coordinator Sujean Park 18 (spark@caed.uscourts.gov) to schedule the settlement conference. If defense 19 counsel does not opt out of the settlement conference, the Court will issue an 20 order setting a settlement conference. That order will include the date of the 21 conference and the Magistrate Judge who will oversee the conference, and may 22 also include procedures required by that Judge.4 23 2. If a settlement conference is set, no later than fourteen days after the date of 24 service of the order setting the settlement conference, each party shall send the 25 26 1 The parties may confer by letter. If the case proceeds to a settlement conference, the Court will not schedule the case until after the settlement conference is held. 3 If any party has a legal objection to providing a particular document, that party shall file and serve a notice describing its objection. 4 The undersigned will not be the Magistrate Judge overseeing the settlement conference. 2 27 28 2 1 other parties, or their attorneys (if represented), the documents listed below. 2 The parties only need to provide documents related to the claim(s) that the Court 3 allowed to proceed past the screening stage. Additionally, defense counsel does 4 not need to include any documents that defense counsel believes are confidential 5 or subject to the official information privilege. Plaintiff does not need to request 6 any documents from the institution at this time. Plaintiff only needs to provide 7 these documents if Plaintiff already has them in his or her possession. a. Documents regarding exhaustion of Plaintiff’s claims, including 8 9 grievances and responses from the Institution; 10 b. All non-confidential documents regarding Rules Violation Reports, if 11 any exist, associated with the incident(s) alleged in the complaint, 12 including disciplinary charges and findings; c. All of Plaintiff’s medical records related to the incident and/or condition 13 14 at issue in the case, if any exist; 15 d. Chronos for transfer or Administrative Segregation placement related to 16 the incident(s) alleged in the complaint, if any exist; and 17 e. Non-confidential incident reports regarding the use of force incident(s) 18 alleged in the complaint, if any exist; 19 Additionally, the parties may send any other documents related to the case that 20 the parties believe will assist in the settlement conference. However, the parties 21 may not request any other documents until discovery has been opened. 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 \\\ 3 1 3. The parties are reminded to keep the Court informed of their current address. 2 Any change of address must be reported promptly to the Court in a separate 3 document captioned for this case and entitled “Notice of Change of Address.” 4 See L.R. 182(f). 5 6 7 IT IS SO ORDERED. Dated: May 19, 2023 /s/ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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