Webb v. Dignity Health

Filing 7

ORDER signed by District Judge John A. Mendez on 3/5/2018 ORDERING that this action is STAYED pending further order of the court and DIRECTING the parties to meet and confer to discuss settlement of this action. Parties shall initiate participation in the court's VDRP if a settlement is not informally reached within 45 days. No later than 14 days after completion of the VDRP session, the parties shall jointly file their VDRP Completion Report. (Fabillaran, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

2:17-cv-2694 JAM-CMK

JANICE WEBB,
12
Plaintiff,
13

ORDER

v.
14
DIGNITY HEALTH,
15
Defendant.
16
17
18
19
20
21
22
23
24
25
26
27

Plaintiff commenced this action under the Americans with Disabilities Act (“ADA”) on
December 26, 2017 . Thereafter, on March 5, 2018, defendant filed an answer to the complaint.
(ECF No.5.)
In the interest of avoiding the accumulation of fees and costs through potentially
unnecessary discovery and motion practice, and to allow the parties sufficient time to pursue an
early informal resolution of this matter, IT IS HEREBY ORDERED that:
1. This action is STAYED pending further order of the court.
2. The parties are directed to promptly meet and confer to discuss settlement of this
action. Settlement discussions require focus and preparation and should involve the
attorneys who will try the case and the person or persons having full authority to
negotiate and settle the case on any terms. Plaintiff should initiate settlement

28
1

1

discussions by providing a written itemization of damages and a meaningful

2

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

3

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

4

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

5

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

6

informal settlement efforts.

7

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

8

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

9

(“VDRP”) by contacting the court’s VDRP administrator, Sujean Park, at (916) 9304278 or [e-mail].1

10
11

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

12

specifications and requirements of the VDRP.

13

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

14

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

15

IT IS SO ORDERED.

16

DATED: March 5, 2018

17

/s/ John A. Mendez___________________

18

John A. Mendez, U.S. District Court Judge

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