United States District Court, E.D. California
ORDER REFERRING CASE TO POST-SCREENING ADR AND
STAYING CASE FOR 90 DAYS
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE.
Anthony Carbajal is appearing pro se and in
forma pauperis in this civil rights action pursuant to
42 U.S.C. § 1983. Defendants Alvarado, Franklin,
Barajas, Carlo, Gaieta, Martin, and Niekell have answered the
complaint. (ECF Nos. 23, 27.)
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 (CSP-COR), 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 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:
action is STAYED for 90 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 CSP-COR.
representative with full and unlimited authority to negotiate
and enter into a binding settlement shall attend in person.
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 CDCR.
Defendants shall provide a confidential settlement statement
to the following email address:
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 November 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 other party. Settlement statements
shall be clearly marked "confidential" with the
date and time of the settlement conference indicated
confidential settlement statement shall be no longer
than five pages in length, typed or neatly ...