United States District Court, E.D. California
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT
AND STAYING CASE FOR 120 DAYS
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE
is a state prisoner, proceeding without counsel. The U.S.
Marshal has accomplished service of process on defendant
undersigned is referring all post-screening civil rights
cases filed by pro se inmates to the Post-Screening ADR
(Alternative Dispute Resolution) Project in an effort to
resolve such cases more expeditiously and less expensively.
Defense counsel from the Office of the California Attorney
General has agreed to participate in this pilot project. No.
defenses or objections shall be waived by their
forth in the screening order, plaintiff has stated a
potentially cognizable civil rights claim. Thus, the court
stays this action for a period of 120 days to allow the
parties to investigate plaintiffs claims, meet and confer,
and then participate in a settlement conference.
is a presumption that all post-screening civil rights cases
assigned to the undersigned will proceed to settlement
conference. However, if after investigating plaintiffs
claims and speaking with plaintiff, and after conferring with
defense counsel's supervisor, 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 pilot
project. A motion to opt out must be filed within sixty days
of the date of this order.
form to be provided to plaintiff by the Clerk of the Court,
plaintiff shall indicate his preference to appear at a
settlement conference in person or by videoconference, if
thirty days, the assigned Deputy Attorney General shall
contact the Courtroom Deputy, Judy Streeter, at (916)
930-4004, to schedule the settlement conference. If
difficulties arise in scheduling the settlement conference
due to the court's calendar, the parties may seek an
extension of the initial 120 day stay.
the settlement conference is scheduled, at least seven days
prior to conference, the parties shall submit to the assigned
settlement judge a confidential settlement conference
statement. The parties' confidential settlement
conference statement shall include the following: (a) names
and locations of the parties; (b) a short statement of the
facts and alleged damages; (c) a short procedural history;
(d) an analysis of the risk of liability, including a
discussion of the efforts made to investigate the
allegations; and (e) a discussion of the efforts that have
been made to settle the case; and (f) any documents which
have not already been filed with the court and which may be
relevant to resolution of this case.
accordance with the above, IT IS HEREBY ORDERED that:
action is stayed for 120 days to allow the parties an
opportunity to settle their dispute before a responsive
pleading is filed, or 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 the parties may elect to engage in
Within thirty days from the date of this order, plaintiff
shall file the attached notice indicating whether he wishes
to appear at a settlement conference in person or by video
conference, if available.
Defendant shall file any motion to opt out of the
Post-Screening ADR Project no more than sixty days from the
date of this order.
Within thirty days from the date of this order, the assigned
Deputy Attorney General shall contact this court's
Courtroom Deputy, Judy Streeter, at (916) 930-4004, to
schedule the settlement conference.
least seven days prior to the settlement conference, each
party shall submit a confidential settlement conference
statement, as described ...