Arzaga v. Santiago et al

Filing 35

ORDER signed by Magistrate Judge Kendall J. Newman on 4/01/20 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. 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)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

DANIEL ARZAGA,

11

No. 2:18-cv-0313 KJM KJN P

Plaintiff,

12

v.

13

E. SANTIAGO, et al.,

14

ORDER REFERRING CASE TO POSTSCREENING ADR PROJECT AND
STAYING CASE FOR 120 DAYS

Defendants.

15
16

Plaintiff is a state prisoner, proceeding without counsel, and paid the filing fee.

17

Defendants Gisler, sued as “G. Donna,” and Pak have answered the first amended complaint.1
The undersigned is referring all post-screening civil rights cases filed by pro se inmates to

18
19

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

20

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

21

Attorney General has agreed to participate in this pilot project. No defenses or objections shall be

22

waived by their participation.

23

As set forth in the screening order, plaintiff has stated a potentially cognizable civil rights

24

claim. Thus, the court stays this action for a period of 120 days to allow the parties to investigate

25

plaintiff’s claims, meet and confer, and then participate in a settlement conference.

26

1

27
28

Service of process on defendants Haluik, E. Santiago, and A. Victoriano was returned
unexecuted because “defendants are not CDCR employees.” (ECF No. 22.) On March 4, 2020,
plaintiff was ordered to provide, within 60 days, information for service of process on such
defendants. (ECF No. 32.)
1

1

There is a presumption that all post-screening civil rights cases assigned to the

2

undersigned will proceed to settlement conference.2 However, if after investigating plaintiff’s

3

claims and speaking with plaintiff, and after conferring with defense counsel’s supervisor,

4

defense counsel in good faith finds that a settlement conference would be a waste of resources,

5

defense counsel may move to opt out of this pilot project.
Within thirty days, the assigned Deputy Attorney General shall contact this court’s

6
7

Courtroom Deputy, Alexandra Waldrop, at [phone], to schedule the settlement

8

conference. If difficulties arise in scheduling the settlement conference due to the court’s

9

calendar, the parties may seek an extension of the initial 120 day stay.

10

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

11

parties shall submit to the assigned settlement judge a confidential settlement conference

12

statement. The parties’ confidential settlement conference statement shall include the following:

13

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

14

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

15

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

16

to settle the case.

17

In accordance with the above, IT IS HEREBY ORDERED that:

18

1. This action is stayed for 120 days to allow the parties an opportunity to settle their

19

dispute before the discovery process begins. Except as provided herein or by subsequent court

20

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

21

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

22

informal discovery.

23

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

24

shall contact this court’s Courtroom Deputy, Alexandra Waldrop, at [phone], to schedule

25

the settlement conference.

26

////

27
28

2

If the case does not settle, the court issue a discovery and scheduling order.
2

1

3. At least seven days prior to the settlement conference, each party shall submit a

2

confidential settlement conference statement, as described above, to the judge assigned for

3

settlement.

4
5
6

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

7

times during the stay and while the action is pending. Any change of address must be reported

8

promptly to the court in a separate document captioned for this case and entitled “Notice of

9

Change of Address.” See L.R. 182(f).

10

Dated: April 1, 2020

11
12
13
14

/arza0313.adr.post.answer

15
16
17
18
19
20
21
22
23
24
25
26
27
28
3