Opinion
1:22-cv-01322-HBK (PC)
07-07-2023
BRANDEN SCOTT MIZE, Plaintiff, v. D. LLOYD, FNU AYON, and D. HOUBEIN, Defendants.
DEADLINE TO OPT OUT DUE BY: SEPTEMBER 7, 2023
ORDER REFERRING CASE TO EARLY ADR AND STAY OF CASE
HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
Plaintiff Branden Scott Mize is a prisoner proceeding pro se and in forma pauperis on his Complaint brought pursuant to 42 U.S.C. § 1983. (Doc. Nos. 1, 10). As set forth in the Court's March 21, 2023 Screening Order, Plaintiff's Complaint states a cognizable Eighth Amendment excessive force claim against Defendants D. Lloyd, FNU Ayon, and D. Houbein. (Doc. No. 13).
The Court refers all civil rights cases filed by pro se individuals to early Alternative Dispute Resolution (ADR) to try to resolve such cases more expeditiously and less expensively. See also Local Rule 270. No claims, defenses, or objections are waived by the parties' participation.
Attempting to resolve this matter early through settlement now would save the parties the time and expense of engaging in lengthy and costly discovery and preparing substantive dispositive motions. The Court therefore will STAY this action for 60 DAYS to allow the parties an opportunity to investigate Plaintiff's claims, meet and confer, and engage in settlement discussions, or agree to participate in an early settlement conference conducted by a magistrate judge. The Court presumes that all post-screening civil rights cases will proceed to a settlement conference at some point. If after investigating Plaintiff's claims and meeting and conferring, either party finds that a settlement conference would be a waste of resources, the party may opt out of the early settlement conference and the Court will issue a Scheduling and Discovery Order.
Accordingly, it is ORDERED:
1. This action will remain STAYED until further order to allow the parties an opportunity to settle their dispute. The parties may not file other pleadings or motions during the stay period. Further, the parties shall not engage in formal discovery until the Court issues a Scheduling and Discovery Order.
2. Within 60 days from the date on this Order, or no later than September 7, 2023, the parties shall file a notice if they object to proceeding to an early settlement conference or if they believe that settlement is not currently achievable.
3. If neither party has opted out of settlement by the expiration of the objection period, the Court will assign this matter by separate Order to a United States Magistrate Judge, other than the undersigned, for conducting the settlement conference.
4. If the parties reach a settlement prior to the settlement conference, they SHALL file a Notice of Settlement as required by Local Rule 160