Bass v. Ferrara et al

Filing 18

ORDER signed by Magistrate Judge Deborah Barnes on 3/1/2019 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Plaintiff shall file the attached notice within 30 days of this order. Each party shall submit a confidential se ttlement 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 Christopher Becker. (cc: Christopher Becker) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC BASS,

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Plaintiff,

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No. 2:17-cv-1938 DB P

v.
THOMAS FERRARA, 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 one defendant.

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The undersigned is referring all post-screening civil rights cases filed by pro se state

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inmates to the Post-Screening ADR (Alternative Dispute Resolution) Project in an effort to

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resolve such cases more expeditiously and less expensively. Defense counsel from the Office of

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the California Attorney General has agreed to participate in this pilot project. No defenses or

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objections shall be 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 prisoner 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, plaintiff shall indicate his preference to

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appear in person or by videoconference, if available. Failure to timely file such notice will result

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in the issuance of a writ for plaintiff’s appearance in person. Once plaintiff has returned the

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notice or the time for doing so has passed, the court will proceed to schedule the settlement

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conference.

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Once the settlement conference is scheduled, at least seven days prior to the conference,

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the parties shall submit to the settlement judge a confidential settlement conference statement.

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The parties’ confidential settlement conference statements shall include the following: (a) names

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and locations of the parties; (b) a short statement of the facts and alleged damages; (c) a short

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procedural history; (d) an analysis of the risk of liability, including a discussion of the efforts

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made to investigate the allegations; and (e) a discussion of the efforts that have been made to

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settle the case. Defendant shall e-mail the settlement conference statement to the settlement

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judge’s e-mail box for proposed orders, available on the court’s website. Plaintiff shall place his

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settlement conference statement in the U.S. mail addressed to the settlement conference judge,

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United States District Court, 501 I Street, Sacramento, CA 95814. Plaintiff shall mail his

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settlement conference statement so that it is received by the court at least seven days before the

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settlement conference.

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Because the California Department of Corrections and Rehabilitation (“CDCR”) is

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required to apply any settlement funds to cover plaintiff’s restitution obligations, if any, plaintiff

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is advised that the CDCR is required to provide the Office of the Attorney General with copies of

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plaintiff’s inmate statement reports.

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If the case does not settle, the court will set a date for the filing of a responsive pleading.
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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 the discovery process begins. Except as provided herein or by subsequent court

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order, no other pleadings or other documents may be filed in this case during the stay of this

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action. The parties shall not engage in formal discovery, but the parties may elect to engage in

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informal discovery.

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2. Within thirty days from the date of this order, plaintiff shall file the attached notice

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informing the court how he wishes to appear at the settlement conference. If plaintiff does not

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file the notice, the court will issue a writ for plaintiff to appear in person.

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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 settlement judge.

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Defendant shall e-mail the settlement conference statement to the settlement judge’s proposed

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orders e-mail address. Plaintiff shall place his settlement conference statement in the U.S. mail

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addressed to the settlement judge, United States District Court, 501 I Street, Sacramento, CA

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95814. Plaintiff shall mail his settlement conference statement so that it is received by the court

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at least seven days before the settlement conference.

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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 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. 9), and (c) the instant order, on Supervising Deputy Attorney

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General Christopher Becker.

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6. The parties remain obligated to keep the court informed of their current addresses 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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7. The California Department of Corrections and Rehabilitation shall provide to the
Office of the Attorney General copies of plaintiff’s inmate statement reports.

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Dated: March 1, 2019

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DLB:12

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DLB:1/Orders/Prisoner.Civil.Rights/bass1938.adr.post waiver.db

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC BASS,

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No. 2:17-cv-1938 DB P
Plaintiff,

v.
THOMAS FERRARA, et al.,

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NOTICE RE: PLAINTIFF’S APPEARANCE
AT SETTLEMENT CONFERENCE (POSTSCREENING ADR PROJECT)

Defendants.

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As required by court order, the plaintiff notifies the court of the following election:

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_____ Plaintiff would like to participate in the settlement conference in person.
OR
_____ Plaintiff would like to participate in the settlement conference by video conference.

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DATED:
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Plaintiff

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