United States District Court, E.D. California
ORDER REFERRING THE CASE TO POST-SCREENING ADR
PROJECT AND STAYING THE CASE FOR 90 DAYS
K. OBERTO, UNITED STATES MAGISTRATE JUDGE.
least one Defendant has been served or appeared, the Court is
referring all post-screening, civil rights cases filed by
pro se inmates to the Post-Screening Alternative
Dispute Resolution Project to attempt to resolve cases more
quickly and less expensively. Defense counsel from the Office
of the California Attorney General has agreed to participate
in this pilot project. No. defenses or objections are waived
forth in the screening order, the Court has found Plaintiff
has stated at least one cognizable civil rights claim. Thus,
the Court STAYS this action for 90 days to
allow the parties to investigate Plaintiff's claims, meet
and confer and participate in a settlement conference.
is a presumption that all post-screening civil rights cases
assigned to the undersigned will proceed to settlement
conference. However, if after investigating
Plaintiff's claims and speaking with Plaintiff, and after
conferring with defense counsel's supervisor, counsel
finds in good faith that a settlement conference would be a
waste of resources,  defense counsel may move to opt out of
this pilot project.
35 days, the assigned Deputy Attorney General
SHALL contact the Courtroom Deputy Clerk at
WKusamura@caed.uscourts.gov, to schedule the settlement
conference. If the settlement conference cannot be set
quickly due to the court's calendar, the parties may seek
an extension of the initial 90-day stay.
upon the foregoing, the Court ORDERS:
This action is STAYED for 90 days
to allow the parties an opportunity to settle their dispute
before a responsive pleading is filed, or the discovery
process begins. No. other pleadings or other documents may be
filed in this case during the stay. The parties SHALL
NOT engage in formal discovery, but they may jointly
agree to engage in informal discovery.
Within 30 days from the date of this
order, the parties SHALL file
the attached notice, indicating their agreement to proceed to
an early settlement conference or whether they believe
settlement is not achievable at this time. In addition, they
SHALL indicate whether they object to the
undersigned conducting the settlement conference.
Within 35 days from the date of this
order, the assigned Deputy Attorney General
SHALL contact this court's Courtroom
Deputy Clerk at WKusamura@caed.uscourts.gov, to schedule the
the parties settle their case during the stay of this action,
they SHALL file a Notice of Settlement as
required by Local Rule 160;
Clerk of the Court SHALL serve via email,
copies of: a. Plaintiff's Second Amended Complaint (Doc.
18), b. the Second Screening Order (Doc. 17), c. Plaintiff
Statement Dismissing State Law Claims (Doc. 23), and d. this
order to Supervising Deputy Attorney General Christopher
Becker, and copy of this order to ADR Coordinator
The parties are reminded of their obligation to keep the
court informed of any changes of addresses during
the stay and while the action is pending. Changes of
address must be reported promptly in a separate document
entitled “Notice of Change of Address.”
See L.R. 182(f).
REGARDING EARLY ...