Spence v. Stambaugh et al

Filing 93

ORDER signed by Magistrate Judge Allison Claire on 06/06/19 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The plaintiff shall file the attached notice re settlement conference within 30 days of this order. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. (cc: Christopher Becker, Attorney General) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD SPENCE,

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No. 2:14-cv-1170 WBS AC P

Plaintiff,
v.
STAMBAUGH, et al.,

ORDER REFERRING CASE TO POSTSCREENING ADR PROJECT AND
STAYING CASE FOR 120 DAYS

Defendants.

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Plaintiff Gerald Spence is a state prisoner currently incarcerated at North Kern State

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Prison under the authority of the California Department of Corrections and Rehabilitation

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(CDCR). Plaintiff proceeds pro se and in forma pauperis with this civil rights case challenging

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his treatment by numerous defendants when he was booked into the Sacramento County Jail on

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November 11, 2012. Three defendants have answered the complaint; five additional defendants

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recently filed waivers of service.

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The undersigned is referring all post-screening civil rights cases filed by pro se state

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inmates to the Post-Screening ADR (Alternative Dispute Resolution) Project in an effort to

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resolve such cases more expeditiously and less expensively. No defenses or objections shall be

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waived by the participation of the parties.

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Therefore, the court will stay this action for a period of 120 days to allow the parties
an opportunity to investigate plaintiff’s claims, meet and confer, and then participate in a
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settlement conference.1 There is a strong presumption that all post-screening prisoner civil rights

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cases assigned to the undersigned will proceed to settlement conference, particularly older cases

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challenging a single incident, such as the instant case. However, if after investigating plaintiff’s

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claims, speaking with plaintiff, and conferring with one another and with appropriate supervisors,

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if counsel for a defendant finds in good faith that a settlement conference would be a waste of

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resources, counsel may move to opt out of this ADR project.

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Plaintiff shall indicate his preference to appear at the settlement conference in

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person or by videoconference, if available, by filing the attached notice within thirty (30)

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days. Failure to timely file such notice will result in the issuance of a writ for plaintiff’s

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appearance in person. Once plaintiff has returned the notice or the time for doing so has passed,

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the court will proceed to schedule the settlement conference.

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Once the settlement conference is scheduled, at least seven (7) days prior to the

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conference, the parties shall submit to the settlement judge their confidential settlement

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conference statements. The parties’ confidential settlement conference statements shall include

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the following: (a) names and locations of the parties; (b) a short statement of the facts and alleged

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damages; (c) a short procedural history; (d) an analysis of the risk of liability, including a

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discussion of the efforts made to investigate the allegations; and (e) a discussion of the efforts that

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have been made to settle the case. Defendants shall e-mail their settlement conference statement

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to the settlement judge’s e-mail box for proposed orders, available on the court’s website.

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Plaintiff shall place his settlement conference statement in the United States mail addressed to the

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settlement conference judge, United States District Court, 501 I Street, Sacramento, CA 95814.

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Plaintiff shall mail his settlement conference statement so that it is received by the court at

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least seven (7) days before the settlement conference.

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If this case does not settle, the court will set a date for the filing of responsive pleadings by the
newly added defendants.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. This action is stayed for 120 days to allow the parties an opportunity to settle their

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

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

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action. The parties shall not engage in formal discovery, but the parties may elect to engage in

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informal discovery.

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2. Within thirty (30) days from the date of this order, plaintiff shall file the attached

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notice informing the court how he wishes to appear at the settlement conference. If plaintiff

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does not file the notice, the court will issue a writ for plaintiff to appear in person.

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3. At least seven (7) days prior to the settlement conference, each party shall submit

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a confidential settlement conference statement, as described above, to the settlement judge.

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Defendant shall e-mail the settlement conference statement to the settlement judge’s proposed

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orders e-mail address. Plaintiff shall place his settlement conference statement in the U.S. mail

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addressed to the settlement judge, United States District Court, 501 I Street, Sacramento, CA

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95814. Plaintiff shall mail his settlement conference statement so that it is received by the

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court at least seven (7) days before the settlement conference.

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4. 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.

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5. The Clerk of the Court shall serve copies of the instant order on the following:

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(1) Sean D. Richmond, Senior Deputy Senior Attorney, Sacramento City Attorney’s Office,

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(2) Carl L. Fessenden, Porter Scott Law Firm, (3) Megan E. Nevin, Porter Scott Law Firm, and

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(4) for informational purposes, California Supervising Deputy Attorney General Christopher

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Becker.

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6. The parties remain obligated to keep the court informed of their current addresses at all

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

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promptly to the court in a separate document captioned for this case and entitled “Notice of

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Change of Address.” See L.R. 182(f).

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DATED: June 6, 2019

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD SPENCE,

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Plaintiff,

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No. 2:14-cv-1170 WBS AC P

v.
STAMBAUGH, et al.,

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NOTICE RE: PLAINTIFF’S APPEARANCE
AT SETTLEMENT CONFERENCE (POSTSCREENING ADR PROJECT)

Defendants.

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As required by court order, the plaintiff notifies the court of the following election:

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_____ Plaintiff would like to participate in the settlement conference in person.

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OR

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_____ Plaintiff would like to participate in the settlement conference by video conference,

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if available.

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____________________________________

____________________________________

Date

Plaintiff

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