Johnson v. Patel et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 08/09/17 ORDERING that 10 15 Clerk's Entry of Defaults are VACATED; this case is STAYED; Defendants shall file a responsive pleading no later than 30 days from the lifting of the stay; The parties are directed to promptly discuss settlement of this action. If the parties have not been able to informally reach a settlement within 45 days, the parties shall initiate participation in the court's VDRP Program by contacting the court's VDRP administrator. No later than f14 days after completion of the VDRP session, the parties shall jointly file their VDRP Completion Report. (cc: VDRP) (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:17-cv-1090 JAM AC PS

Plaintiff,
v.

ORDER

VIJAY C. PATEL, et al.,
Defendants.

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By order of the court (ECF No. 13), a status conference was held before the undersigned

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on August, 9, 2017. Mary Irene Melton appeared on behalf of the plaintiff. Defendant Rekha V.

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Patel appeared in pro per. Based upon the discussion with the parties at the hearing and good

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cause appearing, IT IS HEREBY OREDERED that:

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1. The Clerk of the Court is directed to VACATE the July 18, 2017 and August 3, 2017
entries of default (ECF Nos. 10, 15);
2. Defendants shall file a responsive pleading no later than 30 days from the lifting of the
stay imposed below;

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3. This action is STAYED pending further order of the court;

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4. The parties are directed to promptly meet and confer to discuss settlement of this

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action. Settlement discussions require focus and preparation and should involve the

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attorneys who will try the case and the person or persons having full authority to
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negotiate and settle the case on any terms. Plaintiff should initiate settlement

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discussions by providing a written itemization of damages and a meaningful

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settlement demand that includes an explanation of why the demand is appropriate.

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Defendant should respond with an acceptance of the offer or with a meaningful

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counteroffer, and which includes an explanation of why the counteroffer is reasonable.

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The parties should continue in this way until they reach settlement or have exhausted

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informal settlement efforts.

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5. If the parties have not been able to informally reach a settlement within 45 days, the

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parties shall initiate participation in the court’s Voluntary Dispute Resolution Program

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(“VDRP”) by contacting the court’s VDRP administrator, Sujean Park, at (916) 930-

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4278 or [e-mail].1

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6. The parties shall carefully review and comply with Local Rule 271, which outlines the

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specifications and requirements of the VDRP.

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7. No later than fourteen (14) days after completion of the VDRP session, the parties

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shall jointly file their VDRP Completion Report, consistent with Local Rule 271(o).

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IT IS SO ORDERED.
DATED: August 9, 2017

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The resources of the VDRP program are limited, and the parties are expected to make good
faith efforts to timely and fully exhaust informal settlement efforts prior to initiating participation
in the VDRP. The court will look with disfavor upon parties stalling or failing to participate in
the above-mentioned initial informal discussions, prompting potentially unnecessary participation
in the VDRP and straining the program’s resources.
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