(PC) Elliott v. Campose

Filing 37

ORDER signed by Magistrate Judge Dennis M. Cota on 05/07/2024 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Within 30 days from the date of this order, Defendants shall file any motion to opt out of the Post-Screening ADR Project. 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. (Spichka, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER ELLIOTT,

No. 2:22-CV-1236-KJM-DMC-P

Plaintiff,

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v.

ORDER

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M. CAMPOSE,
Defendant.

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Plaintiff Christopher Elliot, a prisoner proceeding pro se, brings this civil rights

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action pursuant to 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 Post-Screening Early ADR (Alternative Dispute Resolution) 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 Early ADR. 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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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 Early ADR. A motion to opt out must be filed

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within 30 days of the date of this order.
Once the settlement conference is scheduled, at least seven days prior to the

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conference, the parties shall submit to the 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. Defense counsel shall e-mail the settlement conference statement to the

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

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place his settlement conference statement in the U.S. mail addressed to the settlement conference

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judge, 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

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settle their dispute before the discovery process begins. Except as provided herein or by

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subsequent court order, no other pleadings or other documents may be filed in this case during the

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stay of this action. The parties shall not engage in formal discovery, but the parties may elect to

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engage in informal discovery.

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If the case does not settle, the Court will issue a discovery and scheduling order.
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2.

Within 30 days from the date of this order, Defendants shall file any

motion to opt out of Post-screening Early ADR.
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At least seven days prior to the settlement conference, each party shall

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submit a confidential settlement conference statement, as described above, to the settlement

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judge. Defense counsel shall e-mail the settlement conference statement to the settlement judge’s

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

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U.S. mail addressed to the settlement judge, United States District Court, 501 I Street,

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Sacramento, CA 95814. Plaintiff shall mail his settlement conference statement so that it is

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received by the court 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

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

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must 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: May 7, 2024

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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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