Johnson v. Harvie, et al.

Filing 13

ORDER signed by District Judge Troy L. Nunley on 10/25/2017 ORDERING this action is STAYED pending further order of the Court. The parties are directed to promptly meet and confer to discuss settlement of this action. If the parties have not been abl e to informally reach a settlement within 45 days, the parties shall initiate participation in the court's VDRP by contacting the court's VDRP administrator. No later than fourteen (14) days after completion of the VDRP session, the parties shall jointly file their VDRP Completion Report. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SCOTT JOHNSON,

12
13

No. 2:17-cv-01266-TLN-CKD

Plaintiff,
v.

ORDER

14

THOMAS C. HARVIE, et al.,

15

Defendants.

16
17

Plaintiff commenced this disability access case asserting a claim under the Americans

18

with Disabilities Act (“ADA”) and related state law claims, and defendants have answered the

19

complaint.

20

In the interest of avoiding the accumulation of fees and costs through potentially

21

unnecessary discovery and motion practice, and to allow the parties sufficient time to pursue an

22

early informal resolution of this matter, IT IS HEREBY ORDERED that:

23

1. This action is STAYED pending further order of the court.

24

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

25

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

26

attorneys who will try the case and the person or persons having full authority to

27

negotiate and settle the case on any terms. Plaintiff should initiate settlement

28

discussions by providing a written itemization of damages and a meaningful
1

1

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

2

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

3

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

4

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

5

informal settlement efforts.

6

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

7

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

8

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

9

4278 or [e-mail].1

10

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

11

specifications and requirements of the VDRP.

12

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

13

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

14

IT IS SO ORDERED.

15

DATED: October 25, 2017

16
17

Troy L. Nunley
United States District Judge

18
19
20
21
22
23
24
25
1

26
27
28

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.
2