Lyons v. Cox et al

Filing 18

ORDER that the above attorneys meet-and-confer, no later than January 27, 2015, regarding whether referral of this case to the Inmate Early Mediation Program is advisable. The parties are further ORDERED to submit, no later than February 3, 2015, a joint status report reflecting the parties' positions as to the above. Signed by Magistrate Judge Nancy J. Koppe on 1/14/15. (Copies have been distributed pursuant to the NEF: cc AUSA Troy Flake - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PHILLIP J. LYONS,
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Plaintiff(s),
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vs.
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JAMES G. COX, et al.,
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Defendant(s).
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___________________________________ )

Case No. 2:14-cv-00046-RFB-NJK
ORDER REGARDING INMATE EARLY
MEDIATION CONFERENCE

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The screening order issued by the Court indicated that the Court would determine whether to

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refer this case to the Inmate Early Mediation Program. See Docket No. 7 at 8. Since that time, the

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Court has received several notices in response. Nevada Deputy Attorney General Frederick Perdomo

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filed a notice of limited appearance on behalf of Defendants Cox, Geddes, Cortez Masto, and Williams.

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See Docket No. 10. Attorneys Ashlee Fletcher and Gina Winspear filed a notice of limited appearance

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on behalf of Defendant Collins. Docket No. 14. Assistant United States Attorney Troy Flake has filed

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a notice that he is willing to attend a settlement conference, but not appear, as to Defendant Hoye.

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Docket No. 15. Attorney Travis Barrick has also filed an application to make a limited appearance on

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Plaintiff’s behalf to engage in settlement discussions, see Docket No. 16, which the Court is granting

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by separate order.

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The Court hereby ORDERS the above attorneys to meet-and-confer, no later than January 27,

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2015, regarding whether referral of this case to the Inmate Early Mediation Program is advisable. If

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so, counsel should discuss how such a mediation should be conducted in light of the numerous parties

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and differing legal representation, as well as whether attendance by an appropriate representative with

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full settlement authority is practicable as to each defendant. Counsel should also determine at least

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three upcoming Fridays on which all necessary participants are available to attend any mediation.

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Alternatively, counsel should discuss whether it is more appropriate in this case for the Court to order

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that informal settlement discussions occur without further Court involvement.

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The parties are further ORDERED to submit, no later than February 3, 2015, a joint status
report reflecting the parties’ positions as to the above.
The Clerk’s Office is INSTRUCTED to serve a copy of this order on Assistant United States
Attorney Troy Flake.

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IT IS SO ORDERED.

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DATED: January 14, 2015

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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