(PC) Wilson v. Kern Valley State Prison, et al.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TONY ERNEST WILSON,
Plaintiff,
v.
KERN VALLEY STATE PRISON, et al.,
Defendants.
No. 1:25-cv-00160-SAB (PC)
ORDER REFERRING CASE TO POST-
SCREENING ADR AND STAYING CASE
Hearing: Settlement Conference
Date: February 10, 2026
Time: 9:30 a.m.
Judge: Barbara A. McAuliffe
Location: via Zoom Videoconference
Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42
U.S.C. § 1983.
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 Court’s screening order, the complaint states a cognizable claim.
However, stating cognizable claims does not mean Plaintiff will prevail at trial. Thus, the Court
stays this action to allow the parties to investigate Plaintiff’s claims, meet and confer, and then
participate in a settlement conference.
Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct
a video settlement conference, via the Zoom videoconferencing application, on February 10,
2026, at 9:30 a.m. The Court will issue any necessary transportation order in due course.

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The parties 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.
In issuing this order, there is a presumption that this case will proceed to a settlement
conference.1 However, if after investigating Plaintiff’s claims and speaking with Plaintiff, and after
conferring with others, defense counsel in good faith finds that a settlement conference would be a
waste of resources, defense counsel may move to opt out of this early settlement conference. A
written notice to opt out must be filed within thirty (30) days of the date of the issuance of this
order.
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.
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.
If Defendant does not elect to opt out of the settlement conference, Defendant 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 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 February 10, 2026,
1 If the case does not settle, the Court will then issue the Discovery and Scheduling Order.

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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.
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. Defendant 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 February 3, 2026. 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

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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. If defense counsel wishes to “opt-out” of this settlement for the reasons stated above,
counsel must do so within thirty (30) days of this order by filing a “Notice of Opt-
Out and Request to Vacate Settlement Conference.”
9. If defense counsel does not wish to opt-out, defense counsel shall contact the
Litigation Coordinator at the institution where Plaintiff is housed to determine
whether the institution can accommodate a Zoom video appearance by Plaintiff
at this date and time.
10. 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).
11. A failure to follow these procedures may result in the imposition of sanctions by
the court.
IT IS SO ORDERED.
Dated: November 14, 2025
STANLEY A. BOONE
United States Magistrate Judge