United States District Court, E.D. California
JEREMY
D. PETERSON JUDGE.
ORDER (1) SETTING SETTLEMENT CONFERENCE, (2)
REQUIRING PERSONAL ATTENDANCE BY CERTAIN INDIVIDUALS, (3)
REQUIRING SETTLEMENT CONFERENCE STATEMENT, AND (4) SETTING
PRE-SETTLEMENT TELEPHONE CONFERENCE
BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE.
Plaintiff
Kyree Breedlove (“Plaintiff”) is a state prisoner
appearing pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
Defendant Figueroa has answered the complaint. (ECF No. 17.)
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 cognizable
civil rights claims. However, stating cognizable claims does
not mean that Plaintiff will prevail at trial. Thus, the
Court stays this action for a period of time to allow the
parties to investigate Plaintiff's claims, meet and
confer, and then participate in a settlement conference.
The
court has identified this case as appropriate for
post-screening alternative dispute resolution
(“ADR”). Accordingly, Magistrate Judge Jeremy D.
Peterson will hold a settlement conference on February 4,
2020 at 9:00 a.m. in Courtroom 6 at the U.S. District Court,
2500 Tulare Street, Fresno, California, 93721. The court
stays this action for a period of 60 days to allow the
parties to investigate Plaintiff's claims, meet and
confer, and then participate in the settlement conference.
The court will issue the necessary transportation order in
due course.
The
court expects that the parties will proceed with the
settlement conference in good faith and will attempt to
resolve some portion or all of the case.[1] If any party
believes that the settlement conference will not be
productive, a written notice to opt out must be filed within
twenty-one (21) days of the date of the
issuance of this order.
In
accordance with the above, IT IS HEREBY ORDERED that:
1. This
action is STAYED for 60 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 Jeremy D. Peterson on February 4, 2020, at 9:00
a.m., Courtroom 6 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 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:
jdporders@caed.uscourts.gov. Plaintiff shall
mail his confidential settlement statement to U.S. District
Court, P.O. Box 575, Yosemite, CA 95389, and mark the
envelope “Confidential Settlement Statement”.
Settlement statements shall arrive no later than
January 28, 2020. Settlement statements
should neither be filed on the docket
nor served on any other party. While brevity
is appreciated, each statement must include:
a. A brief recitation of the facts;
b. A discussion of the strengths and weaknesses of the case,
from your party's perspective, and a description of the
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