(PC) Arteaga v. West et al

Filing 49

ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/18/2023 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The assigned DAG shall contact the 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.(Yin, K)

Case 2:20-cv-00752-WBS-JDP Document 49 Filed 01/19/23 Page 1 of 3
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE O. ARTEAGA,

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Case No. 2:20-cv-00752-WBS-JDP (PC)

Plaintiff,

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v.

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N. WEST, 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. Defendant has answered the
complaint.
The undersigned is referring all post-screening civil rights cases filed by pro se state

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

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

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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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Case 2:20-cv-00752-WBS-JDP Document 49 Filed 01/19/23 Page 2 of 3
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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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Within thirty days of the date of this order, the assigned Deputy Attorney General shall

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contact Courtroom Deputy Nic Cannarozzi, at [phone], to schedule the settlement

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

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

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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 assigned settlement judge a confidential settlement conference

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

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

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

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

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to settle the case.

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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, the assigned Deputy Attorney General

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shall contact this court’s Courtroom Deputy, Nic Cannarozzi, at [phone], to schedule the

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settlement conference.

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If the case does not settle, the court will issue a discovery and scheduling order.
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Case 2:20-cv-00752-WBS-JDP Document 49 Filed 01/19/23 Page 3 of 3
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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 judge assigned for

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settlement.

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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.

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5. 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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IT IS SO ORDERED.

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Dated:

January 18, 2023

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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