United States District Court, E.D. California
KORY T. O'BRIEN, Plaintiff,
K. E. SAID, Defendant.
ORDER REFERRING CASE TO POST-SCREENING ADR AND
STAYING CASE FOR 70 DAYS
Kory T. O'Brien is appearing pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. §
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. But, stating a cognizable
claim does not mean Plaintiff will prevail at trial. Thus,
the Court stays this action for a period of 70 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 Barbara A.
McAuliffe to conduct a settlement conference at the United
States Courthouse in Fresno, California on Thursday,
February 6, 2020 at 9:30 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 30 days of the date of the issuance of
parties shall each submit to Judge McAuliffe a confidential
settlement conference statement, as described below, to
arrive at least seven days prior (one week) 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 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 70 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
is informal discovery to prepare for the settlement
2. This case is set for a settlement conference before
Magistrate Judge Barbara A. McAuliffe on February 6,
2020, at 9:30 a.m., at the United States Courthouse
located at 2500 Tulare Street, Fresno, California.
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 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. Defendant 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 Barbara A.
McAuliffe.” The envelope shall be marked
“Confidential Settlement Statement”. Settlement
statements shall arrive no later than January 30,
2020. 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