(PC) Bedford v. CDCR, et al.

Filing 22

ORDER Referring Case to Post-Screening ADR and Staying Case signed by Magistrate Judge Stanley A. Boone on 1/6/2025. Notice of Opt-Out due within thirty (30) days. Settlement Conference set for 3/27/2025 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Deputy Clerk AML)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

JUSTIN ROMELL BREDFORD,

8

Plaintiff,

9

v.

10

ACOSTA,

11

Defendant.

12

No. 1:24-cv-01056-SAB (PC)
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE
Hearing: Settlement Conference
Date:
March 27, 2025
Time:
8:30 a.m.
Judge:
Barbara A. McAuliffe
Location: via Zoom Videoconference

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

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
the parties’ participation. In appropriate cases, defense counsel from the California State Attorney
General’s Office has agreed to participate in these early settlements.
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
participate in a settlement conference.
Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct
a video settlement conference, via the Zoom videoconferencing application, on March 27,
2025, at 8:30 a.m. The Court will issue any necessary transportation order in due course.

28
1

1

The parties shall contact Courtroom Deputy Esther Valdez at [phone] or

2

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

3

passcodes.

4

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

5

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

6

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

7

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

8

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

9

order.

10

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

11

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

12

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

13

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

14

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

15

outstanding restitution obligation.

16

If Defendant does not elect to opt out of the settlement conference, Defendant shall be

17

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

18

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

19

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

20

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

21

1.

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

22

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

23

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

24

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

25

informal discovery to prepare for the settlement conference.

26

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

27

application, before Magistrate Judge Barbara A. McAuliffe on March 27, 2025 at

28

1

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

2

1
2
3

8:30 a.m.
3. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend via the Zoom videoconferencing application.

4

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

5

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

6

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

7

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

8

conference is within the discretion of CDCR.

9

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

10

address: [e-mail].

11

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

12

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

13

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

14

no later than March 20, 2025. Parties shall also file a Notice of Submission of

15

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

16

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

17

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

18

of the settlement conference indicated prominently thereon.

19

Plaintiff shall mail his confidential

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

20

typed or neatly printed, and include the following:

21

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

22

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

23

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

24

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

25

major issues in dispute.

26
27
28

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
3

1

a history of past settlement discussions, offers, and demands.

2

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

3

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

4

pay.

5

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

6

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

7

above, including case number(s) if applicable.

8

7. If a settlement is reached at any point during the stay of this action, the parties shall

9

file a Notice of Settlement in accordance with Local Rule 160.

10

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

11

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

12

Out and Request to Vacate Settlement Conference.”

13

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

14

Litigation Coordinator at the institution where Plaintiff is housed to determine

15

whether the institution can accommodate a Zoom video appearance by Plaintiff

16

at this date and time.

17

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

18

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

19

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

20

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

21

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

22

the court.

23
24
25
26

IT IS SO ORDERED.
Dated:

January 6, 2025
STANLEY A. BOONE
United States Magistrate Judge

27
28
4