(PC) Kester v. Kokor et al

Filing 18

ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Allison Claire on 09/08/21. Defendants shall file any motion to opt out of the Post-Screening ADR Project nomore than thirty days from the date of this order. 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)

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Case 2:20-cv-01516-AC Document 18 Filed 09/08/21 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES KESTER, 12 No. 2:20-cv-1516 AC P Plaintiff, 13 v. 14 KOKOR, et al., 15 ORDER REFERRING CASE TO POSTSCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. Defendant has waived service of 17 18 process. ECF No. 17. 19 The undersigned is referring all post-screening civil rights cases filed by pro se state 20 inmates to the Post-Screening ADR (Alternative Dispute Resolution) Project in an effort to 21 resolve such cases more expeditiously and less expensively. No defenses or objections shall be 22 waived by participation. As set forth in the screening order, plaintiff has stated a potentially cognizable civil rights 23 24 claim. Accordingly, the court stays this action for a period of 120 days to allow the parties to 25 investigate plaintiff’s claims, meet and confer, and then participate in a settlement conference. 26 //// 27 //// 28 //// 1 Case 2:20-cv-01516-AC Document 18 Filed 09/08/21 Page 2 of 3 1 There is a presumption that all post-screening prisoner civil rights cases assigned to the 2 undersigned will proceed to settlement conference.1 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. A motion to opt out must be filed 6 within thirty days of the date of this order. 7 Once the settlement conference is scheduled, at least seven days prior to the conference, 8 each party shall submit to the settlement judge a confidential settlement conference statement. 9 The parties’ confidential settlement conference statements shall include the following: (a) names 10 and locations of the parties; (b) a short statement of the facts and alleged damages; (c) a short 11 procedural history; (d) an analysis of the risk of liability, including a discussion of the efforts 12 made to investigate the allegations; and (e) a discussion of the efforts that have been made to 13 settle the case. Defendant shall e-mail the settlement conference statement to the settlement 14 judge’s e-mail box for proposed orders, available on the court’s website. Plaintiff shall place his 15 settlement conference statement in the U.S. mail addressed to the settlement conference judge, 16 United States District Court, 501 I Street, Sacramento, CA 95814. Plaintiff shall mail his 17 settlement conference statement so that it is received by the court at least seven days before the 18 settlement conference. 19 In accordance with the above, IT IS HEREBY ORDERED that: 20 1. This action is stayed for 120 days to allow the parties an opportunity to settle their 21 dispute before the discovery process begins. Except as provided herein or by subsequent court 22 order, no other pleadings or other documents may be filed in this case during the stay of this 23 action. The parties shall not engage in formal discovery, but the parties may elect to engage in 24 informal discovery. 25 26 2. Defendants shall file any motion to opt out of the Post-Screening ADR Project no more than thirty days from the date of this order. 27 28 1 If the case does not settle, the court will set a date for the filing of a responsive pleading. 2 Case 2:20-cv-01516-AC Document 18 Filed 09/08/21 Page 3 of 3 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 settlement judge. 3 Defendant shall e-mail the settlement conference statement to the settlement judge’s proposed 4 orders e-mail address. Plaintiff shall place his settlement conference statement in the U.S. mail 5 addressed to the settlement judge, United States District Court, 501 I Street, Sacramento, CA 6 95814. Plaintiff shall mail his settlement conference statement so that it is received by the court 7 at least seven days before the settlement conference. 8 9 10 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 addresses at 11 all times during the stay and while the action is pending. Any change of address must be reported 12 promptly to the court in a separate document captioned for this case and entitled “Notice of 13 Change of Address.” See L.R. 182(f). 14 DATED: September 8, 2021 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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