(PC) Houx v. Fresno County

United States District Court for the Eastern District of California

(PC) Houx v. Fresno County

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VICTOR HOUX, Case No.: 1:24-cv-00116-CDB 12 Plaintiff, ORDER REFERRING CASE TO POST- 13 v. SCREENING ADR AND STAYING CASE FOR 120 DAYS 14 FRESNO COUNTY, FORTY-FIVE (45) DAY DEADLINE 15 Defendant.

16 17 Plaintiff Victor Houx (“Plaintiff”) is a civil detainee proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to

42 U.S.C. § 1983

. (Docs. 1, 4). Following screening, 19 this action proceeds on Plaintiff’s complaint, filed on January 25, 2024, against Defendant Fresno 20 County for claims of municipal liability under Monell v. Dep't of Soc. Servs. Of City of New York, 21

436 U.S. 658

(1978), for failure-to-protect and failure-to-train. (Doc. 6). On June 25, 2025, 22 Defendant Fresno County filed an answer to Plaintiff’s complaint. (Doc. 13). 23 The Court refers all civil rights cases filed by pro se inmates to Alternative Dispute 24 Resolution (“ADR”) to attempt to resolve such cases more expeditiously and less expensively. 25 The Court stays this action for 120 days to allow the parties to investigate Plaintiff’s claims, 26 meet and confer, and participate in an early settlement conference. The Court presumes that all 27 post-screening civil rights cases assigned to the undersigned will proceed to a settlement conference. However, if, after investigating Plaintiff’s claims and meeting and conferring, either 1 | party finds that a settlement conference would be a waste of resources, the party may opt out of the 2 | early settlement conference. 3 Accordingly, it is hereby ORDERED: 4 1. This action is STAYED for 120 days to allow the parties an opportunity to settle their 5 dispute before the discovery process begins. No pleadings or motions may be filed in 6 this case during the stay. The parties shall not engage in formal discovery, but they 7 may engage in informal discovery to prepare for the settlement conference. 8 2. Within 45 days from the date of this Order, the parties SHALL file the attached 9 notice, indicating their agreement to proceed to an early settlement conference or their 10 belief that settlement is not achievable at this time. 11 3. Within 60 days from the date of this Order, counsel for Defendant SHALL contact the 12 undersigned’s Courtroom Deputy Clerk at [email protected] to schedule the 13 settlement conference, assuming all parties agree to participate in an early settlement 14 conference. 15 4. Ifthe parties reach a settlement during the stay of this action, they SHALL file a 16 Notice of Settlement as required by Local Rule 160. 17 5. The Clerk of the Court SHALL serve via email a copy of this Order to ADR 18 Coordinator Sujean Park. 19 6. The parties are obligated to keep the Court informed of their current addresses during 20 the stay and the pendency of this action. Changes of address must be reported 21 promptly in a Notice of Change of Address. See L.R. 182(f). 22 | IT IS SO ORDERED. 1 Dated: _ June 26, 2025 | br Pr 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28

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6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VICTOR HOUX, Case No. 1:24-cv-00116-CDB

12 Plaintiff, NOTICE REGARDING EARLY 13 v. SETTLEMENT CONFERENCE

14 FRESNO COUNTY,

15 Defendant. 16 17 1. The party or counsel agrees that an early settlement conference would be productive and 18 wishes to engage in an early settlement conference. 19 Yes ____ No ____ 20 21 2. Plaintiff (check one): 22 _____ would like to participate in the settlement conference in person. 23 _____ would like to participate in the settlement conference by telephone or video 24 conference. 25 26 Dated: 27 ________________________________ Plaintiff or Counsel for Defendant

Reference

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