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Baker v. Beam

United States District Court, E.D. California

September 9, 2019

MIKE BAKER, Plaintiff,
v.
E. BEAM, et al., Defendants.

          ORDER DIRECTING CLERK OF COURT TO UPDATE PLAINTIFF'S ADDRESS OF RECORD ORDER REFERRING CASE TO POST-SCREENING ADR AND STAYING CASE FOR 65 DAYS

          BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE

         Plaintiff Mike Baker is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Defendants Vogel, Diaz, Caldwell, Jarvis, Pacillas, Cribbs, Benavides, Cuevas, Beam, Cervantes, Huerta, Goree, and Vasquez have waived personal service of a summons pursuant to Federal Rule of Civil Procedure 4(d). (ECF No. 37.)

         Because 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.

         Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a settlement conference at the California State Prison, Corcoran, 4001 King Avenue, Corcoran, CA 93212 on November 8, 2019, at 8:30 a.m. The Court will issue the necessary transportation order in due course.

         The parties shall each submit to Magistrate Judge Stanley A. Boone a confidential settlement conference statement, as described below, to arrive at least seven days (one week) prior to the conference.

         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 the of the case itself is to each side, irrespective of any outstanding restitution obligation.

         Accordingly, it is HEREBY ORDERED that:

         1. The Clerk of the Court is directed to update Plaintiff's address of record to:

Mike Baker CDCR # K-76592 Mule Creek State Prison P.O. Box 409099 Ione, CA 95640

         2. The parties remain obligated to keep the Court informed of their current address at all times while the action is pending. Any change of address must be reported promptly to the Court in a separate document captioned for this case and entitled “Notice of Change of Address.” See Local Rule 182(f).

         3. This case is STAYED for 65 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 conference.[1]

         4. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone on November 8, 2019, at 8:30 a.m., at the California State Prison, Corcoran, located at 4001 King Avenue, Corcoran, CA 93212.

         5. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person.[2]

         6. 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 ...


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