United States District Court, E.D. California
JENNIFER AMELIA ROSE, also known as JOHN DAVID GANN, Plaintiff,
R. ADAIR, et al., Defendants.
the Honorable Stanley A. Boone
ORDER REFERRING CASE TO POST-SCREENING ADR AND
STAYING CASE FOR 120 DAYS
is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to
42 U.S.C. § 1983.
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. However, stating a cognizable
claim does not mean that 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 January 30, 2020,
at 10:00 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 twenty-one (21) days of
the date of the issuance of this order.
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.
accordance with the above, IT IS HEREBY ORDERED that:
1. This action is STAYED for one hundred and twenty
(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 conference.
2. This case is set for a settlement conference before
Magistrate Judge Stanley A. Boone on January 30,
2020, at 10:00 a.m., at the United States Courthouse
located at 2500 Tulare Street, Fresno, California 93721.
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 CDCR.
5. Defendants shall provide a confidential settlement
statement to the following email address:
firstname.lastname@example.org. 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 one week before
the conference date. 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 ...