(PC) Leonard v. CSP-Sacramento
Filing
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ORDER signed by Magistrate Judge Dennis M. Cota on 10/23/2024 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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JASON THOR LEONARD,
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Plaintiff,
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No. 2:23-CV-0601-DAD-DMC-P
v.
CALIFORNIA STATE PRISON –
SACRAMENTO, et al.,
ORDER REFERRING CASE TO POSTSCREENING ADR AND STAYING CASE
FOR 120 DAYS
Defendants.
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Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42
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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.
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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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2.
Within 30 days from the date of this order, Defendants shall file any
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motion to opt out of Post-screening Early ADR.
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If the case does not settle, the Court will issue a discovery and scheduling order.
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3.
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.
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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: October 23, 2024
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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