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