Catalani v. State of Nevada et al

Filing 40

ORDER that the Attorney General's Office shall file a noticeadvising (a) defendants for whom it accepts service; (b) the names of defendants for whom it does not accept service, and (c) names of the defendants for whom it is filing last-known-address information under seal within 21 days. Answer due within 60 days. Signed by Magistrate Judge Cam Ferenbach on 12/3/14. (Copies have been distributed pursuant to the NEF - cc AG TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALFRED CATALANI,

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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

2:14-cv-70-RFB-VCF
ORDER

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This action is a counseled civil rights complaint filed pursuant to 42 U.S.C. § 1983 by
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a state prisoner. Plaintiff has paid the full filing fee for this matter. (ECF No. 1). The Court
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entered a screening order on the second amended complaint on June 5, 2014. (ECF No. 24).
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The screening order imposed a 90-day stay and the Court entered a subsequent order in
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which the parties were encouraged to engage in informal settlement discussions. (ECF No.
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24, 27). The Office of the Attorney General has filed a third supplemental status report
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indicating that settlement has not been reached and informing the Court of its intent to proceed
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with this action. (See ECF No. 39).
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IT IS THEREFORE ORDERED that:
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1.

The Clerk of the Court shall electronically SERVE a copy of this order and a copy

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of Plaintiff’s second amended complaint (ECF No. 22) on the Office of the Attorney General
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of the State of Nevada, attention Kat Howe.
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2.

Subject to the findings of the screening order (ECF No. 24), within twenty-one

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(21) days of the date of entry of this order, the Attorney General’s Office shall file a notice
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advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts
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service; (b) the names of the defendants for whom it does not accept service, and (c) the

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names of the defendants for whom it is filing last-known-address information under seal. As

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to any of the named defendants for which the Attorney General’s Office cannot accept service,

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the Office shall file, under seal, the last known address(es) of those defendant(s) for whom

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it has such information.

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3.

If service cannot be accepted for any of the named defendant(s), Plaintiff shall

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file a motion identifying the unserved defendant(s), requesting issuance of a summons, and

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specifying a full name and address for the defendant(s). For the defendant(s) as to which the

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Attorney General has not provided last-known-address information, Plaintiff shall provide the

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full name and address for the defendant(s).

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4.

If the Attorney General accepts service of process for any named defendant(s),

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such defendant(s) shall file and serve an answer or other response to the second amended

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complaint within sixty (60) days from the date of this order.

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5.

Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been

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entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the Court. Plaintiff shall include with the original paper

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submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed to the defendants or counsel for the defendants. If counsel has entered a notice

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of appearance, Plaintiff shall direct service to the individual attorney named in the notice of

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appearance, at the address stated therein. The Court may disregard any paper received by

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a district judge or magistrate judge which has not been filed with the Clerk of the Court, and

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any paper received by a district judge, magistrate judge, or the Clerk of the Court which fails

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to include a certificate showing proper service.

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DATED: This 3rd day of December, 2014.

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_________________________________
United States Magistrate Judge

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