United States District Court, E.D. California
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
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.)
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.
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.
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.
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.
it is HEREBY ORDERED that:
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
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
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
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.
representative with full and unlimited authority to negotiate
and enter into a binding settlement shall attend in
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