Franks v. Kelso et al

Filing 99

ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Carolyn K. Delaney on 1/24/22. The assigned 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. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOM M. FRANKS,

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No. 2:17-cv-01056-KJM-CKD P

Plaintiff,
v.
J. CLARK KELSO, et al,

ORDER REFERRING CASE TO ADR AND
STAYING CASE FOR 120 DAYS

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. In light of the procedural posture of this case and the

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attendant delay in scheduling jury trials due to the COVID-19 pandemic, the court has determined

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that this case will benefit from a settlement conference.

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

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contact this court’s Courtroom Deputy, Judy Streeter, at [phone], to schedule the

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settlement conference. If difficulties arise in scheduling the settlement conference due to the

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court’s calendar, the parties 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 prior to trial. Except as provided herein or by subsequent court order, no other pleadings

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or other documents may be filed in this case during the stay of this action.

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2. Within thirty days from the date of this order, the assigned Deputy Attorney General
shall contact this court’s Courtroom Deputy, Judy Streeter, at [phone], to schedule the
settlement conference.

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3. 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.

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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.
5. 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: January 24, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/fran1056.ADR.postMSJ.docx

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