(PC) Ernst v. Ramos

Filing 47

ORDER signed by Magistrate Judge Allison Claire on 2/6/2024 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Within 60 days from the date of this order, defendants shall file any motion to opt out of Post-screening Early ADR. 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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT KEITH ERNST,

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No. 2:21-cv-0813 DAD AC P

Plaintiff,

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v.

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DAVID FRANCES RAMOS, et al.,

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

Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. Defendants Ashe, Miller, Nelson,

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Ramos, Singh, and Wong have waived service of process.1 ECF No. 43.
The undersigned is referring all post-screening civil rights cases filed by pro se state

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inmates to Post-Screening Early ADR (Alternative Dispute Resolution) in an effort to resolve

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

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California Attorney General has agreed to participate in Early ADR. No defenses or objections

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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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Defendants Akhila, Beck, Ginwalla, and Miraflor have yet to be served or to waive service.
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plaintiff’s claims, meet and confer, and then participate in a settlement conference.2

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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.3 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 Early ADR. A motion to opt out must be filed within

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sixty days of the date of this order.

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Once the settlement conference is scheduled, at least seven days prior to the conference,
the parties shall submit to the settlement judge a confidential settlement conference statement.

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The parties’ confidential settlement conference statements shall include the following: (a) names

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

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

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

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settle the case. Defendant shall e-mail the settlement conference statement to the settlement

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judge’s e-mail box for proposed orders, available on the court’s website. Plaintiff shall place his

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settlement conference statement in the U.S. mail addressed to the settlement conference judge,

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United States District Court, 501 I Street, Sacramento, CA 95814. Plaintiff shall mail his

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settlement conference statement so that it is received by the court at least seven days before the

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settlement conference.

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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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In light of the fact that not all defendants have been served, there will be a single exception for
any filings related to the completion of service on the remaining defendants. In other words, the
parties may make filings related to service of the remaining defendants, but all other litigation is
stayed.
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If the case does not settle, the court will set a date for the filing of a responsive pleading.
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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 sixty days from the date of this order, defendants shall file any motion to opt
out of Post-screening Early ADR.
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 settlement judge.

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Defendant shall e-mail the settlement conference statement to the settlement judge’s proposed

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orders e-mail address. Plaintiff shall place his settlement conference statement in the U.S. mail

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addressed to the settlement judge, United States District Court, 501 I Street, Sacramento, CA

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95814. Plaintiff shall mail his settlement conference statement so that it is received by the court

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at least seven days before the settlement conference.

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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.
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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DATE: February 6, 2024

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