(PC) Chism v. Chang et al

Filing 19

ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Dennis M. Cota on 9/8/2021. Any motion to opt out of the Post-Screening ADR Project shall be filed within 30 days. If settlement is reached, the parties shall file a Notice of Settlement. (Yin, K)

Case 2:20-cv-01072-DMC Document 19 Filed 09/09/21 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM H. CHISM, III,

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Plaintiff,

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v.

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No. 2:20-CV-1072-DMC-P

CHANG, et al.,

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ORDER

Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. An answer has been filed and the case is now at issue.
The undersigned is referring all post-screening civil rights cases filed by pro se

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state 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.
As set forth in the screening order, Plaintiff has stated a potentially cognizable

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civil rights claim. Thus, the Court stays this action for a period of 120 days to allow the parties to

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

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Case 2:20-cv-01072-DMC Document 19 Filed 09/09/21 Page 2 of 2
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There is a presumption that all post-screening prisoner civil rights cases assigned

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to the undersigned will proceed to settlement conference.1 However, if after investigating

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Plaintiff’s claims and speaking with Plaintiff, and after conferring with defense counsel’s

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

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resources, defense counsel may move to opt out of this pilot project.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

This action is stayed for 120 days from the date of this order to allow the

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parties an opportunity to settle their dispute before the discovery process begins. Except as

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provided herein or by subsequent court order, no other pleadings or other documents may be filed

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in this case during the stay of this action. The parties shall not engage in formal discovery, but

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the parties may elect to engage in informal discovery.

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2.

within 30 days from the date of this order.

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Any motion to opt out of the Post-screening ADR Project shall be filed

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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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4.

The parties remain obligated to keep the Court informed of their current

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addresses at all times during the stay and while the action is pending. Any change of address must

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be reported promptly to the Court in a separate document captioned for this case and entitled

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“Notice of Change of Address.” See Local Rule 182(f).

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Dated: September 8, 2021
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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If the case does not settle, the Court will issue a discovery and scheduling order.

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