United States District Court, E.D. California
TRACY L. STEWART, Plaintiff,
V. SERNA, et al., Defendants.
ORDER REFERRING CASE TO POST-SCREENING ADR AND
STAYING CASE FOR 120 DAYS
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
Tracy L. Stewart is a state prisoner, proceeding pro
se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983. This case proceeds
on Plaintiff's amended complaint against Defendants
Serna, Langhardt, Carey, and Nixon, filed on December 30,
2015. The matter was referred to a United States Magistrate
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
it takes years to get to trial, the Court has identified this
case as an appropriate case for post-screening ADR
(Alternative Dispute Resolution), which is an effort to
resolve such cases more expeditiously and less expensively.
No claims, defenses, or objections shall be waived by the
parties' participation. In appropriate cases, defense
counsel from the California State Attorney General's
Office has agreed to participate in these early settlements.
forth in the screening order and summarized above, Plaintiff
has stated a cognizable civil rights claim. But, stating a
cognizable claim does not mean Plaintiff will prevail at
trial. Thus, the Court stays this action for a period of 120
days to allow the parties to investigate Plaintiff's
claims, meet and confer, and then participate in a settlement
this case will be referred to Magistrate Judge Stanley A.
Boone to conduct a settlement conference at United States
Courthouse in Fresno, California on February 8, 2018,
at 9:30 a.m. The Court will issue the necessary
transportation order in due course.
issuing this order, there is a presumption that this case
will proceed to a settlement conference. However, if after
investigating Plaintiff's claims and speaking with
Plaintiff, and after conferring with others, defense counsel
in good faith finds that a settlement conference would be a
waste of resources, defense counsel may move to opt out of
this early settlement conference. A written notice to opt out
must be filed within thirty (30) days of the date of the
issuance of this order.
parties shall each submit to Magistrate Judge Stanley A.
Boone a confidential settlement conference statement, as
described below, to arrive at least seven days (one week)
prior to the conference.
Court puts the parties on notice that if Plaintiff has any
outstanding criminal restitution obligation, fines and/or
penalties, these settlement negotiations shall not be geared
towards what the restitution obligation is, but what the
value the of the case itself is to each side, irrespective of
any outstanding restitution obligation.
accordance with the above, IT IS HEREBY ORDERED that:
action is STAYED for 120 days to allow the parties an
opportunity to settle their dispute before the discovery
process begins. Except as provided herein or by subsequent
court order, no other pleadings or other documents may be
filed in this case during the stay of this action. The
parties shall not engage in formal discovery, but may engage
in informal discovery to prepare for the settlement
case is set for a settlement conference before Magistrate
Judge Stanley A. Boone on February 8, 2018, at 9:30
a.m., at the United States Courthouse located at
2500 Tulare Street, Fresno, California.
representative with full and unlimited authority to negotiate
and enter into a binding settlement shall attend in person.
Those in attendance must be prepared to discuss the claims,
defenses and damages. The failure of any counsel, party or
authorized person subject to this order to appear in person
may result in the imposition of sanctions. In addition, the
conference will not proceed and may be reset to another date.
Defendants shall provide a confidential settlement statement
to the following email address:
Plaintiff shall mail his confidential settlement statement to
U.S. District Court, 2500 Tulare Street, Fresno, California,
93721, “Attention: Magistrate Judge Stanley A.
Boone.” The envelope shall be marked
“Confidential Settlement Statement”. Settlement
statements shall arrive no later than February 1,
2017. Parties shall also file a Notice of
Submission of Confidential Settlement Statement.
See Local Rule 270(d). Settlement statements
should not be filed with the Clerk of the
Court nor served ...