Mitchell v. Cox et al

Filing 87

ORDER Denying 82 Motion for an Order to Produce Inmate. IT IS FURTHER ORDERED that the parties shall contact the Courts chambers to set a date and time for the settlement conference no later than 8/11/2015. Signed by Magistrate Judge Carl W. Hoffman on 7/28/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TARZ MITCHELL,

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Plaintiff,
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vs.
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GREG COX, Director of NDOC, et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-02082-RFB-CWH
ORDER

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Before the Court is Plaintiff’s motion for an order to produce inmate for settlement conference

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(doc. # 82), filed July 1, 2015, Defendants’ response (doc. # 84), filed July 21, 2015, and Plaintiff’s

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reply (doc. # 86), filed July 24, 2015.

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In his motion, Plaintiff asks the Court that he be allowed to attend the settlement conference

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in person. Defendants, in response, ask the Court to deny Plaintiff’s request in light of the significant

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financial burden and security risks arising from Plaintiff’s request. Instead, Defendants ask that

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Plaintiff be allowed to participate by video conference, which is a common practice in cases involving

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prisoners. In reply, Plaintiff contends that his participation by video conference would force his

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attorney to attend the settlement conference at the courthouse with the other parties, or with Plaintiff

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at the prison–options that are neither in the “best interests of judicial economy,” nor reflective of “the

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spirit of cooperation.” Doc. # 86 at 5.

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As Defendants rightly point out, prisoners routinely appear before the Court by video

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conference for settlement conferences in prisoner litigation. Plaintiff fails to provide any information

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that would persuade this Court to deviate from its usual practice. As such, Plaintiff’s motion is denied.

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The parties are directed to meet and confer regarding possible dates and times in October for the video

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settlement conference. The parties shall also contact the Court’s chambers to set a date and time for

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the settlement conference.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for an order to produce
inmate for settlement conference (doc. # 82) is denied.
IT IS FURTHER ORDERED that the parties shall meet and confer regarding possible dates
and times in October for the video settlement conference.
IT IS FURTHER ORDERED that the parties shall contact the Court’s chambers to set a date
and time for the settlement conference no later than Tuesday, August 11, 2015 at 3:00 p.m.
DATED: July 28, 2015

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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