West v. Ruiz et al

Filing 26

ORDER signed by Senior District Judge Kimberly J. Mueller on 9/23/2024 STAYING CASE, VACATING all previously set deadlines and hearings and DIRECTING the parties to meet and confer to discuss settlement of this Action. (Kyono, V)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

Jim West,

12
13
14
15

No. 2:24-cv-1193 KJM DMC
Plaintiff,

v.

ORDER

Jordan Ruiz, et al.,
Defendants.

16
17

Plaintiff initially commenced this action under the Americans with Disabilities Act

18

(“ADA”) on April 25, 2024. (ECF No. 1.) Defendants have filed an answers to the complaint.

19

In the interest of avoiding the accumulation of fees and costs through potentially

20

unnecessary discovery and motion practice, and to allow the parties sufficient time to pursue an

21

early informal resolution of this matter, IT IS HEREBY ORDERED that:

22
23
24

1. This action is STAYED except as set forth herein and all previously set deadlines and
hearings are VACATED pending further order of the court.
2. The parties are directed to promptly meet and confer to discuss settlement of this

25

action. Settlement discussions require focus and preparation and should involve the

26

attorneys who will try the case and the person or persons having full authority to

27

negotiate and settle the case on any terms. Plaintiff should initiate settlement

28

discussions by providing a written itemization of damages and a meaningful
1

1

settlement demand that includes an explanation of why the demand is appropriate.

2

Defendant should respond with an acceptance of the offer or with a meaningful

3

counteroffer, and which includes an explanation of why the counteroffer is reasonable.

4

The parties should continue in this way until they reach settlement or have exhausted

5

informal settlement efforts.

6

3. If the parties have not been able to informally reach a settlement within 45 days, the

7

parties shall initiate participation in the court’s Voluntary Dispute Resolution Program

8

(“VDRP”) by contacting the court’s VDRP administrator, Sujean Park, at (916) 930-

9

4278 or [e-mail], and file a notice on the court’s docket stating they
have contacted the VDRP administrator.1

10
11

4. The parties shall carefully review and comply with Local Rule 271, which outlines the

12

specifications and requirements of the VDRP.

13

5. No later than fourteen (14) days after completion of the VDRP session, the parties

14

shall jointly file their VDRP Completion Report, consistent with Local Rule 271(o).

15
16

IT IS SO ORDERED.
DATED: September 23, 2024.

17
18
19
20
21
22
23
24
25
26
27
28

1

The resources of the VDRP program are limited, and the parties are expected to make good faith
efforts to timely and fully exhaust informal settlement efforts prior to initiating participation in
the VDRP. The court will look with disfavor upon parties stalling or failing to participate in the
above-mentioned initial informal discussions, prompting potentially unnecessary participation in
the VDRP and straining the program’s resources.
2