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
Jerome Markiel Davis (“Plaintiff”) is a state
prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42
U.S.C. § 1983. Defendant Roberts has 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 October 8, 2019,
at 10:30 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:
1. This 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
2. This case is set for a settlement conference before
Magistrate Judge Stanley A. Boone on October 8, 2019,
at 10:30 a.m., at the United States Courthouse
located at 2500 Tulare Street, Fresno, California.
3. A representative with full and unlimited authority to
negotiate and enter into a binding settlement shall attend in
4. Those in attendance must be prepared to discuss the
claims, defenses and damages. The failure or refusal of any
counsel, party or authorized person subject to this order to
appear in person may result in the cancellation of the
conference and the imposition of sanctions. The manner and
timing of Plaintiff's transportation to and from the
conference is within the discretion of the California
Department of State Hospitals.
5. Defendant 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 October 1,
2019. 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 any ...