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Bradford v. Sherman

United States District Court, E.D. California

June 27, 2019

DWIGHT LARRY BRADFORD, Plaintiff,
v.
SHERMAN, et al., Defendants.

          ORDER REFERRING THE CASE TO POST-SCREENING ADR PROJECT AND STAYING THE CASE FOR 90 DAYS

          SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE.

         When at 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 by participation.

         As set 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.

         There is a presumption that all post-screening civil rights cases assigned to the undersigned will proceed to settlement conference.[1] 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, [2] defense counsel may move to opt out of this pilot project.

         Within 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.

         Based upon the foregoing, the Court ORDERS:

         1. 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.

         2. 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.

         3. 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 settlement conference;

         4. If the parties settle their case during the stay of this action, they SHALL file a Notice of Settlement as required by Local Rule 160;

         5. The 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 Sujean Park;

         6. 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).

         IT IS SO ORDERED.

         NOTICE REGARDING EARLY ...


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