Jones v. Cox et al
Filing
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ORDER re: Informal Settlement Discussions. Signed by Magistrate Judge George Foley, Jr on 11/14/2013. (Copies have been distributed pursuant to the NEF - CC: Copy of this Order and Complaint to Defendant's Counsel - AC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CHRISTOPHER A. JONES,
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Plaintiff,
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vs.
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JAMES G. COX, et al.,
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Defendants.
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__________________________________________)
Case No. 2:12-cv-02177-GMN-GWF
ORDER RE: INFORMAL
SETTLEMENT DISCUSSIONS
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This case will not be referred for formal mediation. However, given the nature of the
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claims the Court has permitted to proceed, the Court finds that the parties will benefit from
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informal discussions in an effort to settle this case. The Court encourages the parties to engage in
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such discussions. For this reason, a courtesy copy of this order and the complaint shall be provided
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to defendants’ counsel by the Clerk of the Court.
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IT IS SO ORDERED.
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Dated: November 14, 2013.
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___________________________________
GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE
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Informal Settlement
Frequently Asked Questions
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1.
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The goal of informal settlement discussions in inmate Section 1983 cases is to allow the parties an
opportunity to work together to reach a reasonable resolution to their case before the parties begin
discovery.
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2.
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No. Settlement discussions are confidential and neither party should report to the District Judge or
the Magistrate Judge assigned to your case the results of settlement discussions. The parties shall
not send offers and counter-offers to the court. The only information the court will receive is
whether the case settled.
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What is the purpose of informal settlement discussions for inmate Section 1983 cases?
Do the parties need to report to the judge what happened in settlement discussions?
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3.
What happens if the parties reach a settlement?
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If the parties settle the case, the deputy attorney general will prepare a written settlement agreement
for the parties to sign. Once the parties review and sign the settlement agreement, a stipulation is
submitted to the court to end the case.
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4.
What happens if the parties don’t settle the case?
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If the case does not settle, there is no negative consequence to the parties. Settlement discussions
simply provide an opportunity for the parties to meet and discuss how they might resolve the case.
If there is no settlement, the case will proceed.
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5.
Why do parties in litigation attempt settlement, as opposed to a trial on the merits?
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Settlement is informal and the parties have an opportunity to be heard and to hear the opposing
party’s point of view, since parties typically don’t speak to one another except through attorneys
and legal filings. Settlement also allows the parties who have ongoing relationships to preserve it
by having a discussion rather than engaging in an adversarial proceeding.
Settlement also offers the parties more flexibility to resolve their dispute. The parties can explore a
variety of ways to resolve the case, and they have control over the outcome.
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6.
Are there other benefits to settlement discussions, even if the case does not settle?
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Settlement discussions allow the parties the opportunity to speak honestly with one another in an
informal, confidential environment. Even if the case is not settled, the process can be very helpful
to the parties in understanding their claims and defenses in the case, what discovery and motions
might be necessary, and this may save the parties time and money. Sometimes parties realize that
certain claims or defenses can be dismissed, and they are more efficient in litigating the case. In
addition, settlement discussions often opens the door for future resolution as the case proceeds. The
better informed the parties are about their case, the better prepared they will be in litigation and in
exploring future options for settlement.
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