United States District Court, E.D. California
MOIZEZ M. MUNOZ, Plaintiff,
UNDERWOOD, et al., Defendant(s).
ORDER REGARDING EARLY SETTLEMENT CONFERENCE ORDER
DIRECTING CLERK TO SERVE SUPERVISING DEPUTY ATTORNEY GENERAL
CHRISTOPHER BECKER WITH A COPY OF: 1) PLAINTIFF'S
COMPLAINT (ECF NO. 1); 2) THE SCREENING ORDER (ECF NO. 20);
AND 3) THIS ORDER
Munoz (“Plaintiff”) is a state prisoner
proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
The Court has screened Plaintiff's complaint and found it
states at least one cognizable claim. The United States
Marshals Service has accomplished service of process on at
least one defendant.
Court now directs the parties to participate in a settlement
conference before a Magistrate Judge to see if the case can
reach a settlement before going further in litigation.
Plaintiff will be transported to the settlement conference
and defense counsel will appear in person. Neither side is
waiving any claims, defenses or objections by participating
in this settlement conference.
counsel is directed to consider Plaintiff's claim(s) and
speak with Plaintiff following this order. If, after
investigating Plaintiff's claim(s) and speaking with
Plaintiff, and conferring with defense counsel's
supervisor, defense counsel in good faith finds that a
settlement conference would not be productive at this time,
defense counsel may opt out of this settlement conference by
filing a notice with the Court, in which case the matter will
proceed to litigation without an early settlement conference.
defense counsel does not opt out of the settlement
conference, the Court will issue separate order(s) setting
the settlement conference and detailing the pre-settlement
conference procedures in due course.
weeks after the issuance of the order setting the settlement
conference, in order to better inform all parties and have a
meaningful conference, the Court is requiring that both
parties disclose certain documents to each other about the
case, as listed below. These documents are relevant to the
case and will most likely be disclosed in discovery shortly
if this case goes to litigation.
IT IS HEREBY ORDERED that:
Within thirty days from the date of service of this order,
the assigned Deputy Attorney General shall either: (1) file a
notice that Defendant(s) opt out of the settlement
conference; or (2) contact ADR Coordinator Sujean Park
(email@example.com) to schedule the settlement
conference. If the assigned Deputy Attorney General
does not opt out of the settlement conference, the Court will
issue an order setting a settlement conference. That order
will include the date of the conference, the Magistrate Judge
who will oversee the conference, and any procedures required
by that Judge.
2. If a
settlement conference is set, no later than two weeks after
the date of service of the order setting the settlement
conference, each party shall send the other parties, or their
attorneys (if represented), the documents listed below. The
parties only need to provide documents related to the
claim(s) that the Court allowed to proceed past the screening
stage. Additionally, Defense counsel does not need to include
any documents that defense counsel believes are confidential
or subject to the official information privilege at this
time. Plaintiff does not need to request any documents from
the institution at this time. Plaintiff only needs to provide
these documents if Plaintiff already has them in his or her
possession. Defense counsel shall send copies of the
following documents to Plaintiff and Plaintiff shall send
copies to counsel for Defendant(s):
a. Documents regarding exhaustion of Plaintiff's claims,
including 602s, Form 22s, and responses from the appeals
b. All non-confidential documents regarding Rules Violation
Reports, if any exist, associated with the incident(s)
alleged in the complaint, including disciplinary charges and
c. All of Plaintiff's medical records related to the
incident and/or condition at issue in the case, if any exist;
d. Chronos for transfer or Administrative Segregation
placement related to the incident(s) alleged in the
complaint, if any exist; and
e. Non-confidential incident reports regarding the use of
force incident(s) alleged in the complaint, if any exist;
Additionally, the parties may send any other documents
related to the case that the parties believe will assist in
the settlement conference.
parties remain obligated to keep the Court informed of their
current address. Any change of address must be reported
promptly to the Court in a separate document captioned for
this case and ...