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Avery v. Stainer

United States District Court, Eastern District of California
Nov 16, 2021
2:18-cv-1302 JAM AC P (E.D. Cal. Nov. 16, 2021)

Opinion

2:18-cv-1302 JAM AC P

11-16-2021

KYLE AVERY, Plaintiff, v. M.D. STAINER, et al., Defendants.


ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS

ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE.

Plaintiff is a state prisoner, proceeding without counsel. Defendants have filed a motion to dismiss the complaint, ECF No. 38, which will not be addressed at this time for the reasons explained below.

The 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. No. defenses or objections shall be waived by participation.

In the event the parties do not settle the case, the court will proceed to rule on the pending motion to dismiss.

As set forth in the screening order, plaintiff has stated a potentially cognizable civil rights claim. Accordingly, the court stays this action for a period of 120 days to allow the parties to investigate plaintiff's claims, meet and confer, and then participate in a settlement conference.

Once the settlement conference is scheduled, at least seven days prior to the conference, each party shall submit to the settlement judge a confidential settlement conference statement. The parties' confidential settlement conference statements 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. Defendant shall e-mail the settlement conference statement to the settlement judge's e-mail box for proposed orders, available on the court's website. Plaintiff shall place his settlement conference statement in the U.S. mail addressed to the settlement conference judge, United States District Court, 501 I Street, Sacramento, CA 95814. Plaintiff shall mail his settlement conference statement so that it is received by the court at least seven days before the settlement conference.

In accordance with the above, IT IS HEREBY ORDERED that:

1. This action is stayed for 120 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 the parties may elect to engage in informal discovery.

2. At least seven days prior to the settlement conference, each party shall submit a confidential settlement conference statement, as described above, to the settlement judge. Defendant shall e-mail the settlement conference statement to the settlement judge's proposed orders e-mail address. Plaintiff shall place his settlement conference statement in the U.S. mail addressed to the settlement judge, United States District Court, 501 I Street, Sacramento, CA 95814. Plaintiff shall mail his settlement conference statement so that it is received by the court at least seven days before the settlement conference.

3. If a settlement is reached at any point during the stay of this action, the parties shall file a Notice of Settlement in accordance with Local Rule 160.

4. The parties remain obligated to keep the court informed of their current addresses at all times during the stay and while the action is pending. Any change of address must be reported promptly to the court in a separate document captioned for this case and entitled “Notice of Change of Address.” See L.R. 182(f).


Summaries of

Avery v. Stainer

United States District Court, Eastern District of California
Nov 16, 2021
2:18-cv-1302 JAM AC P (E.D. Cal. Nov. 16, 2021)
Case details for

Avery v. Stainer

Case Details

Full title:KYLE AVERY, Plaintiff, v. M.D. STAINER, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 16, 2021

Citations

2:18-cv-1302 JAM AC P (E.D. Cal. Nov. 16, 2021)