Gonzalez v. Brown
ORDER signed by Magistrate Judge Dennis M. Cota on 11/18/2022 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Any motion to opt out of the Post-screening ADR Project shall be filed within 30 days. If settlement is reached, the parties shall file a Notice of Settlement.(Yin, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MARIO AMADOR GONZALEZ,
CLOUGH, et al.,
Plaintiff, a prisoner proceeding with retained counsel, brings this civil rights action
pursuant to 42 U.S.C. § 1983. An answer has been filed and the case is now at issue.
The undersigned is referring all post-screening civil rights cases o the Post-
Screening ADR (Alternative Dispute Resolution) Project in an effort to resolve such cases more
expeditiously and less expensively. Defense counsel from the Office of the California Attorney
General has agreed to participate in this pilot project. No defenses or objections shall be waived
by their participation.
As set forth in the screening order, Plaintiff has stated a potentially cognizable
civil rights claim. Thus, the Court stays this action for a period of 120 days to allow the parties to
investigate Plaintiff’s claims, meet and confer, and then participate in a settlement conference.
There is a presumption that all post-screening prisoner civil rights cases assigned
to the undersigned will proceed to settlement conference. 1 However, if after investigating
Plaintiff’s claims and speaking with Plaintiff and Plaintiff’s counsel, and after conferring with
defense counsel’s supervisor, defense counsel in good faith finds that a settlement conference
would be a waste of resources, defense counsel may move to opt out of this pilot project.
Accordingly, IT IS HEREBY ORDERED that:
This action is stayed for 120 days from the date of this order to allow the
parties an opportunity to settle their dispute before the discovery process begins. Except as
provided herein or by subsequent court order, no other pleadings or other documents may be filed
in this case during the stay of this action. The parties shall not engage in formal discovery, but
the parties may elect to engage in informal discovery.
within 30 days from the date of this order.
Any motion to opt out of the Post-screening ADR Project shall be filed
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.
The parties remain obligated to keep the Court informed of their current
addresses at all times during the stay and while the action is pending. Any change of address must
be reported promptly to the Court in a separate document captioned for this case and entitled
“Notice of Change of Address.” See Local Rule 182(f).
Dated: November 18, 2022
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
If the case does not settle, the Court will issue a discovery and scheduling order.
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