(PC) Felix v. Cazores, et al.

Filing 12

ORDER Referring Case to Post-Screening ADR and STAYING CASE signed by Magistrate Judge Sheila K. Oberto on 07/03/2024. Forty-Five Day Deadline. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TYLO JEROME FELIX, JR., 12 13 14 15 Plaintiff, v. C. CAZORES, et al., Case No.: 1:24-cv-00332-JLT-SKO ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE FOR 90 DAYS FORTY-FIVE (45) DAY DEADLINE Defendants. 16 17 18 19 20 Plaintiff Tylo Jerome Felix, Jr., is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s constitutional claims against Defendants Cazores, Smotherman, Diaz, Velasquez, and Arreazola. 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. In 22 appropriate cases, defense counsel from the California Attorney General’s Office have agreed to 23 participate in ADR. No claims, defenses, or objections are waived by the parties’ participation. 24 The Court stays this action for ninety days to allow the parties to investigate Plaintiff’s 25 26 27 28 claims, meet and confer, and participate in an early settlement conference. The Court presumes that all post-screening civil rights cases assigned to the undersigned will proceed to a settlement conference. However, if, after investigating Plaintiff’s claims and meeting and conferring, either 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 2. Within forty-five (45) days from the date of this order, the parties SHALL file the 9 attached notice, indicating their agreement to proceed to an early settlement 10 conference or their belief that settlement is not achievable at this time. 11 3. Within sixty (60) days from the date of this order, the assigned Deputy Attorney 12 General SHALL contact the undersigned’s Courtroom Deputy Clerk at 13 wkusamura@caed.uscourts.gov to schedule the settlement conference, assuming the 14 parties agree to proceed to an early settlement conference. 15 4. If the parties reach a settlement during the stay of this action, they SHALL file a 16 Notice of Settlement as required by Local Rule 160. 17 5. The Clerk of the Court SHALL serve via email copies of Plaintiff’s complaint (Doc. 18 2), the Court’s First Screening Order (Doc. 6), and this Order to Supervising Deputy 19 Attorney General Lawrence Bragg (Lawrence.Bragg@doj.ca.gov), and a copy of this 20 Order to ADR Coordinator Sujean Park. 21 6. The parties are obligated to keep the Court informed of their current addresses during 22 the stay and the pendency of this action. Changes of address must be reported 23 promptly in a Notice of Change of Address. See L.R. 182(f). 24 25 26 27 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto July 3, 2024 . UNITED STATES MAGISTRATE JUDGE 28 2 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 Plaintiff, NOTICE REGARDING EARLY SETTLEMENT CONFERENCE v. 15 16 Case No. 1:24-cv-00332-JLT-SKO TYLO JEROME FELIX, JR., C. CAZORES, et al., Defendants. 17 18 19 1. The party or counsel agrees that an early settlement conference would be productive and 20 wishes to engage in an early settlement conference. 21 Yes ____ No ____ 22 23 2. Plaintiff (check one): 24 _____ would like to participate in the settlement conference in person. 25 _____ would like to participate in the settlement conference by telephone or video 26 27 28 conference. Dated: ________________________________ 3 Plaintiff or Counsel for Defendants 1 2 3 4 5 6 7 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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