Crane v. Rodriguez et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/16: Defendants' request for extension of time (ECF No. 52) is granted. This action is stayed for 90 days. (cc: Atty Monica Anderson). (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSEPH CRANE,

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Plaintiff,

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No. 2:15-cv-0208 TLN KJN P

v.
RODRIGUEZ, et al.,

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ORDER REFERRING CASE TO POSTSCREENING ADR PROJECT AND
STAYING CASE FOR 90 DAYS

Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. The U.S. Marshal has

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accomplished service of process on defendants. On May 5, 2016, defendants filed a request for

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extension of time in which to file a responsive pleading.
The undersigned is referring all post-screening civil rights cases filed by pro se inmates to

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

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cases more expeditiously and less expensively. Defense counsel from the Office of the California

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Attorney General has agreed to participate in this pilot project. No defenses or objections shall be

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waived by their participation.
As set forth in the screening order, plaintiff has stated a potentially cognizable civil rights

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claim. Thus, the court stays this action for a period of 90 days to allow the parties to investigate

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plaintiff’s claims, meet and confer, and then participate in a settlement conference.

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There is a presumption that all post-screening civil rights cases assigned to the

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undersigned will proceed to settlement conference.1 However, if after investigating plaintiff’s

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claims and speaking with plaintiff, and after conferring with defense counsel’s supervisor,

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defense counsel in good faith finds that a settlement conference would be a waste of resources,

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defense counsel may move to opt out of this pilot project.

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By filing the attached notice within thirty days, the parties shall notify the court whether

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they waive disqualification for the undersigned to hold the settlement conference or whether they

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request a different judge. Failure to timely file such notice will result in the case being set for

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settlement conference before a different judge.

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Within thirty days, the assigned Deputy Attorney General shall contact Matt Caspar,

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Courtroom Deputy, at [phone], to schedule the settlement conference. If difficulties arise

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in scheduling the settlement conference due to the court’s calendar, the parties may seek an

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extension of the initial 90 day stay.

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

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parties shall submit to the assigned settlement judge a confidential settlement conference

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statement. The parties’ confidential settlement conference statement shall include the following:

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(a) names and locations of the parties; (b) a short statement of the facts and alleged damages; (c) a

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

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

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to settle the case.

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

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1. Defendants’ request for extension of time (ECF No. 52) is granted;

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2. This action is stayed for 90 days to allow the parties an opportunity to settle their

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dispute before a responsive pleading is filed, or the discovery process begins. Except as provided

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herein or by subsequent court order, no other pleadings or other documents may be filed in this

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case during the stay of this action. The parties shall not engage in formal discovery, but the

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If the case does not settle, the court will set a date for the filing of a responsive pleading at the
conference.
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parties may elect to engage in informal discovery.
3. Within thirty days from the date of this order, the parties shall file the attached notice,

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informing the court whether they waive disqualification for the undersigned to hold the settlement

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conference, or whether they choose to have the settlement conference held by a different judge.

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4. Within thirty days from the date of this order, the assigned Deputy Attorney General

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shall contact Matt Caspar, Courtroom Deputy, at [phone], to schedule the settlement

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conference.

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5. At least seven days prior to the settlement conference, each party shall submit a

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confidential settlement conference statement, as described above, to the judge assigned for

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settlement.
6. 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.
7. The Clerk of the Court shall serve copies of (a) plaintiff’s complaint (ECF No. 16), (b)

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the screening order (ECF No. 26), and (c) the instant order, on Supervising Deputy Attorney

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General Monica Anderson.

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8. The parties remain obligated to keep the court informed of their current address 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: May 9, 2016

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/cran0208.adr.post.usm.kjn

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSEPH CRANE,

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No. 2:15-cv-0208 TLN KJN P

Plaintiff,
v.
RODRIGUEZ, et al.,

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NOTICE RE: JUDGE ELECTION FOR
SETTLEMENT CONFERENCE (POSTSCREENING ADR PROJECT)

Defendants.

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As required by court order, the parties notify the court of the following election:

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____ Pursuant to Local Rule 270(b) of the Eastern District of California, the party signing

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below affirmatively requests that the assigned Magistrate Judge participate in the settlement

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conference and, further, waives any claim of disqualification to the assigned Magistrate Judge

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trying the case thereafter.

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OR
____ The party signing below requests that a different judge hold the settlement
conference.
DATED:

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________________________________
Plaintiff or Counsel for Defendants

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