United States District Court, E.D. California
ORDER REFERRING CASE TO POST-SCREENING ADR AND
STAYING CASE FOR 120 DAYS
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
Lendward Alton Mixon, Jr. (“Plaintiff”) is a
state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42
U.S.C. § 1983. Defendants Metts and Jimenez (erroneously
sued as “Jiminez”) have answered the complaint.
(ECF No. 23.)
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, 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 conference.
this case will be referred to Magistrate Judge Stanley A.
Boone to conduct a settlement conference at the United States
Courthouse in Fresno, California on August 30, 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 Judge Boone a confidential
settlement conference statement, as described below, to
arrive at least seven days (one week) prior to the
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 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 August 30, 2018, at 10:00 a.m., at
the United States Courthouse located at 2500 Tulare Street,
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:
email@example.com. 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 August 23, 2018. 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 on ...