(PC) Martin v. California Department of Corrections & Rehabilitation et al

Filing 23

ORDER REFERRING Case to Post-Screening ADR and STAYING Case, signed by Magistrate Judge Stanley A. Boone on 2/5/2024. Zoom Settlement Conference set for 4/25/2024 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. A written notice to opt out must be filed within thirty (30) days of the date of the issuance of this order. (Rivera, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DOUGLAS M. MARTIN,

12
13
14
15

Plaintiff,

No. 1:23-cv-00822-JLT-SAB (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION,
et al.,

16

Defendants.

Hearing:
Date:
Time:
Judge:
Location:

Settlement Conference
April 25, 2024
9:30 a.m.
Barbara A. McAuliffe
via Zoom Videoconference

17
18
19
20
21
22

Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42
U.S.C. § 1983.
Because it takes years to get to trial, the Court has identified this case as an appropriate case
for post-screening ADR (Alternative Dispute Resolution), which is an effort to resolve such cases
more expeditiously and less expensively. No claims, defenses, or objections shall be waived by

23

the parties’ participation. In appropriate cases, defense counsel from the California State Attorney

24

General’s Office has agreed to participate in these early settlements.

25
26
27

As set forth in the Court’s screening order, the complaint states a cognizable claim.
However, stating cognizable claims does not mean Plaintiff will prevail at trial. Thus, the Court
stays this action to allow the parties to investigate Plaintiff’s claims, meet and confer, and then

28
1

1

participate in a settlement conference.

2

Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct

3

a video settlement conference, via the Zoom videoconferencing application, on April 25,

4

2024, at 9:30 a.m. The Court will issue any necessary transportation order in due course.

5

Counsel for Defendants shall contact Courtroom Deputy Esther Valdez at [phone]

6

or [e-mail] for the video and dial-in information, including any necessary

7

passcodes, for all parties. Counsel for Defendants is also required to arrange for Plaintiff’s

8

participation by contacting the Litigation Coordinator at the institution where Plaintiff is housed

9

and providing the necessary Zoom contact information.

10

In issuing this order, there is a presumption that this case will proceed to a settlement

11

conference.1 However, if after investigating Plaintiff’s claims and speaking with Plaintiff, and after

12

conferring with others, defense counsel in good faith finds that a settlement conference would be a

13

waste of resources, defense counsel may move to opt out of this early settlement conference. A

14

written notice to opt out must be filed within thirty (30) days of the date of the issuance of this

15

order.

16

The parties shall each submit to Judge McAuliffe a confidential settlement conference

17

statement, as described below, to arrive at least seven days (one week) prior to the conference.

18

The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution

19

obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what

20

the restitution obligation is, but what the value of the case itself is to each side, irrespective of any

21

outstanding restitution obligation.

22

If Defendants do not elect to opt out of the settlement conference, Defendants shall be

23

prepared to negotiate the merits of the case and offer more than a waiver of costs as a reasonable

24

compromise to settle the case. The parties are also informed that an offer of dismissal in exchange

25

for a waiver of costs is not considered good faith settlement negotiations.

26

In accordance with the above, IT IS HEREBY ORDERED that:

27

1.

28

1

This action is STAYED to allow the parties an opportunity to settle their dispute

If the case does not settle, the Court will then issue the Discovery and Scheduling Order.

2

1

before the discovery process begins. Except as provided herein or by subsequent court

2

order, no other pleadings or other documents may be filed in this case during the stay

3

of this action. The parties shall not engage in formal discovery, but may engage in

4

informal discovery to prepare for the settlement conference.

5

2. This case is set for a video settlement conference, via the Zoom videoconferencing

6

application, before Magistrate Judge Barbara A. McAuliffe on April 25, 2024 at 9:30

7

a.m.

8

3. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend via the Zoom videoconferencing application.2

9
10

4. Those in attendance must be prepared to discuss the claims, defenses and damages.

11

The failure or refusal of any counsel, party or authorized person subject to this order

12

to appear in person may result in the cancellation of the conference and the imposition

13

of sanctions. The manner and timing of Plaintiff’s transportation to and from the

14

conference is within the discretion of CDCR.

15

5. Defendants shall provide a confidential settlement statement to the following email

16

address: [e-mail].

17

settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California

18

93721, “Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall

19

be marked “Confidential Settlement Statement.” Settlement statements shall arrive

20

no later than April 17, 2024. Parties shall also file a Notice of Submission of

21

Confidential Settlement Statement (See Local Rule 270(d)). Settlement statements

22

should not be filed with the Clerk of the Court nor served on any other party.

23

Settlement statements shall be clearly marked “Confidential” with the date and time

24

of the settlement conference indicated prominently thereon.

25

Plaintiff shall mail his confidential

6. The confidential settlement statement shall be no longer than five pages in length,

26

typed or neatly printed, and include the following:

27
2

28

In light of the coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the Court may issue an
order at a later date requiring the parties to appear in person.

3

1

a. A brief statement of the facts of the case.

2

b. A brief statement of the claims and defenses, i.e., statutory or other grounds

3

upon which the claims are founded; a forthright evaluation of the parties’

4

likelihood of prevailing on the claims and defenses; and a description of the

5

major issues in dispute.

6
7
8
9

c. An estimate of the cost and time to be expended for further discovery, pretrial,
and trial.
d. The party’s position on settlement, including present demands and offers and
a history of past settlement discussions, offers, and demands.

10

e. A brief statement of each party’s expectations and goals for the settlement

11

conference, including how much a party is willing to accept and/or willing to

12

pay.

13

f. If parties intend to discuss the joint settlement of any other actions or claims

14

not in this suit, give a brief description of each action or claim as set forth

15

above, including case number(s) if applicable.

16
17

7. If a settlement is reached at any point during the stay of this action, the parties shall
file a Notice of Settlement in accordance with Local Rule 160.

18

8. If defense counsel wishes to “opt-out” of this settlement for the reasons stated above,

19

counsel must do so within thirty (30) days of this order by filing a “Notice of Opt-

20

Out and Request to Vacate Settlement Conference.”

21

9. If defense counsel does not wish to opt-out, defense counsel shall contact the

22

Litigation Coordinator at the institution where Plaintiff is housed to determine

23

whether the institution can accommodate a Zoom video appearance by Plaintiff

24

at this date and time.

25

10. The parties remain obligated to keep the Court informed of their current address at all

26

times during the stay and while the action is pending. Any change of address must be

27

reported promptly to the Court in a separate document captioned for this case and

28

entitled “Notice of Change of Address.” See Local Rule 182(f).
4

1

11. A failure to follow these procedures may result in the imposition of sanctions by

2

the court.

3
4
5

IT IS SO ORDERED.
Dated:

February 5, 2024
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5