Rodas v. Burke et al
Filing
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ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 8/10/2017. The parties shall file the attached notice re settlement conference within 30 days of this order. The assig ned DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. 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. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Monica Anderson. (cc: Monica Anderson)(Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NESTOR RODAS,
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Plaintiff,
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No. 2:17-cv-1030 KJN P
v.
OFFICER J. BURKE, et al.,
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ORDER REFERRING CASE TO POSTSCREENING ADR PROJECT AND
STAYING CASE FOR 120 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.
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.
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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 120 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. Plaintiff shall also indicate his preference to appear in person or by
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videoconference, if available. Failure to timely file such notice will result in the case being set
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for settlement conference before a different judge.
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Within thirty days, the assigned Deputy Attorney General shall contact the Courtroom
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Deputy, Alexandra Waldrop, at (916) 930-4187, to schedule the settlement conference. If
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difficulties arise in scheduling the settlement conference due to the court’s calendar, the parties
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may seek an extension of the initial 120 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. This action is stayed for 120 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.
2. 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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3. Within thirty days from the date of this order, the assigned Deputy Attorney General
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shall contact this court’s Courtroom Deputy, Alexandra Waldrop, at (916) 930-4187, to schedule
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the settlement conference.
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4. 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.
5. 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.
6. The Clerk of the Court shall serve copies of (a) plaintiff’s complaint (ECF No. 1), (b)
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the screening order (ECF No. 4), and (c) the instant order, on Supervising Deputy Attorney
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General Monica Anderson.
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7. 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: August 10, 2017
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roda1030.adr.post.usm
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NESTOR RODAS,
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No. 2:17-cv-1030 KJN P
Plaintiff,
v.
OFFICER J. BURKE, 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 of the assigned Magistrate Judge on
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that basis thereafter. This waiver is not to be construed as consent to the Magistrate Judge’s
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jurisdiction under 28 U.S.C. § 636(c)(1).
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OR
____ The party signing below requests that a different judge hold the settlement
conference.
AND
Plaintiff shall indicate his preference by checking one:
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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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DATED:
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________________________________
Plaintiff or Counsel for Defendants
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