United States District Court, E.D. California
Before
the Honorable Barbara A. McAuliffe
ORDER REFERRING CASE TO POST-SCREENING ADR AND
STAYING CASE FOR 80 DAYS
Plaintiff
Andre Kenneth Stuckey is a state prisoner proceeding pro
se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983. On December 5,
2019, Defendants Chanelo and Peacock filed an answer to
Plaintiff's second amended complaint. (ECF No. 23.)
Because
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.
As set
forth in the e-service 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 80 days to
allow the parties to investigate Plaintiff's claims, meet
and confer, and then participate in a settlement conference.
Therefore,
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 February
20, 2020, at 9:30 a.m. The Court will issue the
necessary transportation order in due course.
In
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 thirty (30) days of the
date of the issuance of this order.
The
parties shall each submit to Magistrate Judge Barbara A.
McAuliffe a confidential settlement conference statement, as
described below, to arrive at least seven days (one week)
prior to the conference.
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.
In
accordance with the above, IT IS HEREBY ORDERED that:
1. This action is STAYED for eighty (80)
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 Barbara A. McAuliffe on February 20,
2020, at 9:30 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
person.
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:
bamorders@caed.uscourts.gov. 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 February 13, 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 served on any ...