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Moya v. Chism

United States District Court, Eastern District of California
Jun 8, 2022
1:21-cv-01624-JLT-SAB (PC) (E.D. Cal. Jun. 8, 2022)

Opinion

1:21-cv-01624-JLT-SAB (PC)

06-08-2022

RENE ANTHONY MOYA, Plaintiff, v. B. CHISM, et al., Defendants.


Hearing: Settlement Conference Dated: August 25, 2022

Barbara A. McAuliffe, Judge

ORDER SETTING SETTLEMENT CONFERENCE AND STAYING CASE FOR 80 DAYS

Plaintiff Rene Anthony Moya is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff's excessive force claim against Defendant M. VanNess and failure to intervene claim against Defendant M. Putnam

The Court has determined that this case will benefit from a settlement conference. Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct a settlement conference on August 25, 2022 at 9:30 a.m. The Court will issue any necessary transportation order in due course.

Counsel for Defendants shall contact Courtroom Deputy Esther Valdez at (559) 499-5788 or evaldez@caed.uscourts.gov for the video and dial-in information, including any necessary passcodes, for all parties. Counsel for Defendants is also required to arrange for Plaintiff's participation by contacting the Litigation Coordinator at the institution where Plaintiff is housed and providing the necessary Zoom contact information.

In issuing this order, there is a presumption that this case will proceed to a settlement conference. The parties shall each submit to Judge McAuliffe a confidential settlement conference statement, as described below, to arrive at least seven days (one week) prior to the conference.

If the case does not settle, the Court will then lift the stay of its Discovery and Scheduling Order or issue one forthwith.

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 of the case itself is to each side, irrespective of any outstanding restitution obligation.

Defendants shall be prepared to negotiate the merits of the case and offer more than a waiver of costs as a reasonable compromise to settle the case. The parties are also informed that an offer of dismissal in exchange for a waiver of costs is not considered good faith settlement negotiations.

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

1. This action is STAYED for 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 video settlement conference, via the Zoom videoconferencing application, before Magistrate Judge Barbara A. McAuliffe on August 25, 2022, at 9:30 a.m.

3. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend via the Zoom videoconferencing application .

In light of the coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the Court may issue an order at a later date requiring the parties to appear 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 August 18, 2022. 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 other party. Settlement statements shall be clearly marked “Confidential” with the date and time of the settlement conference indicated prominently thereon.

6. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following:

a. A brief statement of the facts of the case.
b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute.
c. An estimate of the cost and time to be expended for further discovery, pretrial, and trial.
d. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers, and demands.
e. A brief statement of each party's expectations and goals for the settlement conference, including how much a party is willing to accept and/or willing to pay.
f. If parties intend to discuss the joint settlement of any other actions or claims not in this suit, give a brief description of each action or claim as set forth above,
including case number(s) if applicable.

7. 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.

8. The parties remain obligated to keep the Court informed of their current address 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 Local Rule 182(f).

9. Counsel for Defendants is required to arrange for Plaintiff's participation by contacting the Litigation Coordinator at the institution where Plaintiff is housed and providing the necessary Zoom contact information.

10. A failure to follow these procedures may result in the imposition of sanctions by the court.

IT IS SO ORDERED.


Summaries of

Moya v. Chism

United States District Court, Eastern District of California
Jun 8, 2022
1:21-cv-01624-JLT-SAB (PC) (E.D. Cal. Jun. 8, 2022)
Case details for

Moya v. Chism

Case Details

Full title:RENE ANTHONY MOYA, Plaintiff, v. B. CHISM, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 8, 2022

Citations

1:21-cv-01624-JLT-SAB (PC) (E.D. Cal. Jun. 8, 2022)