(PC) Molina v. Adams

Filing 16

ORDER REFERRING Case to Post-Screening ADR and STAYING Case for 90 Days; ORDER DIRECTING Defendant to Comply with Order re: Consent, signed by Magistrate Judge Christopher D. Baker on 7/3/2024. Within 45 days from the date of this Ord er, 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. Within 14 days from the date of this Order, counsel for Defendant SHALL file a completed consent/decline form as previously directed. (Doc. 5-1). (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 JOSHUA JOHAN MOLINA, 12 Plaintiff, 13 14 v. MITCHELL ADAMS, 15 Defendant. 16 Case No.: 1:24-cv-00019-CDB ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 90 DAYS 45-DAY DEADLINE ORDER DIRECTING DEFENDANT TO COMPLY WITH ORDER RE: CONSENT 14-DAY DEADLINE 17 18 19 Plaintiff Joshua Johan Molina is proceeding pro se and in forma pauperis in this civil 20 rights action pursuant to 42 U.S.C. § 1983. Defendant Mitchell Adams filed an answer to 21 Plaintiff’s complaint on June 2, 2024.1 22 The Court refers all civil rights cases filed by pro se inmates to Alternative Dispute 23 Resolution (“ADR”) to attempt to resolve such cases more expeditiously and less expensively. 24 The Court stays this action for ninety days to allow the parties to investigate Plaintiff’s 25 claims, meet and confer, and participate in an early settlement conference. The Court presumes 26 that all post-screening civil rights cases assigned to the undersigned will proceed to a settlement 27 conference. However, if, after investigating Plaintiff’s claims and meeting and conferring, either 28 1 Sued herein as “Adams, Badge #709.” 1 party finds that a settlement conference would be a waste of resources, the party may opt out of 2 the early settlement conference. 3 Accordingly, it is hereby ORDERED: 4 1. This action is STAYED for ninety (90) days to allow the parties an opportunity to 5 settle their dispute before the discovery process begins. No pleadings or motions may 6 be filed in this case during the stay. The parties shall not engage in formal discovery, 7 but they may engage in informal discovery to prepare for the settlement conference. 8 9 10 11 2. 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. 3. Within 60 days from the date of this Order, counsel for Defendant SHALL contact the 12 undersigned’s Courtroom Deputy Clerk Susan Hall at shall@caed.uscourts.gov to 13 schedule the settlement conference, assuming the parties agree to participate in an 14 early settlement conference. 15 16 17 18 4. If the parties reach a settlement during the stay of this action, they SHALL file a Notice of Settlement as required by Local Rule 160. 5. Within 14 days from the date of this Order, counsel for Defendant SHALL file a completed consent/decline form as previously directed. (Doc. 5-1). 19 6. The Clerk of the Court SHALL serve via email copies of Plaintiff’s complaint (Doc. 20 1), the Court’s First Screening Order (Doc. 10), and a copy of this Order to ADR 21 Coordinator Sujean Park. 22 23 Remainder of This Page Intentionally Left Blank 24 25 26 27 28 2 1 7. The parties are obligated to keep the Court informed of their current addresses during 2 the stay and the pendency of this action. Changes of address must be reported 3 promptly in a Notice of Change of Address. See L.R. 182(f). 4 5 6 Failure to timely comply with this order will result in the imposition of sanctions. IT IS SO ORDERED. Dated: July 3, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 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. 1:24-cv-00019-CDB JOSHUA JOHAN MOLINA, MITCHELL ADAMS, Defendant. 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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