(PC) Diaz v. Burton et al

Filing 22

ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 5/6/2022. 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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FELIPE POLANCO DIAZ, 12 Plaintiff, 13 v. 14 BURTON, et al., 15 No. 2:21-cv-1583 KJN P ORDER REFERRING CASE TO POSTSCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. At least one defendant waived 17 18 service of process. The undersigned is referring all post-screening civil rights cases filed by pro se inmates to 19 20 the Post-Screening ADR (Alternative Dispute Resolution) Project in an effort to resolve such 21 cases more expeditiously and less expensively. Defense counsel from the Office of the California 22 Attorney General has agreed to participate in this pilot project. No defenses or objections shall be 23 waived by their participation. As set forth in the screening order, plaintiff stated a potentially cognizable civil rights 24 25 claim. Thus, the court stays this action for a period of 120 days to allow the parties to investigate 26 plaintiff’s claims, meet and confer, and then participate in a settlement conference. 27 //// 28 //// 1 1 There is a presumption that all post-screening 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. 6 Within thirty days, the assigned Deputy Attorney General shall contact the Courtroom 7 Deputy, Alexandra Waldrop, at (916) 930-4187, to schedule the settlement conference. If 8 difficulties arise in scheduling the settlement conference due to the court’s calendar, the parties 9 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 a responsive pleading is filed, or the discovery process begins. Except as provided 20 herein or by subsequent court order, no other pleadings or other documents may be filed in this 21 case during the stay of this action. The parties shall not engage in formal discovery, but the 22 parties may elect to engage in 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 (916) 930-4187, to schedule 25 the settlement conference. 26 //// 27 28 1 If the case does not settle, the court will set a date for the filing of a responsive pleading at the conference. 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: May 6, 2022 11 12 13 14 /diaz1583.adr.post.waiver.kjn 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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