Johnson v. State of Nevada et al

Filing 79

ORDER Granting 78 Defendant Foster's Motion. Signed by Magistrate Judge Peggy A. Leen on 9/1/2016. (Copies have been distributed pursuant to the NEF - DL)

Case 2:14-cv-01425-GMN-PAL Document 78 Filed 08/30/16 Page 1 of 4
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ADAM PAUL LAXALT
Nevada Attorney General
JARED M. FROST
Senior Deputy Attorney General
Nevada Bar No. 11132
FRANK A. TODDRE II
Nevada Bar No. 11474
Deputy Attorney General
Office of the Attorney General
Bureau of Litigation
Public Safety Division
555 E Washington Ave, Suite 3900
Las Vegas, Nevada 89101
Phone: [phone]
Email: [e-mail]
Attorneys for Defendants Miguel Flores-Nava,
Jennifer Nash, and Sheryl Foster

555 East Washington Avenue, Suite 3900
Las Vegas, Nevada 89101-1068

Office of the Attorney General

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANCIS JOHNSON,

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Case No. 2:14-cv-01425-GMN-PAL
Plaintiff,
DEFENDANT FOSTER’S MOTION TO
EXCUSE HER PARTICIPATION AT THE
SETTLEMENT CONFERENCE

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v.

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STATE OF NEVADA, et al.,

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Settlement conference scheduled for
October 21, 2016

Defendants.

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Defendant Sheryl Foster, by and through counsel, Adam Paul Laxalt, Nevada Attorney

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General, Jared M. Frost, Senior Deputy Attorney General, and Frank A. Toddre II, Deputy Attorney

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General, hereby submit this motion to excuse Defendant Foster’s participation at the settlement

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conference scheduled for October 21, 2016. The motion is made and based on the following

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points and authorities, the attached declaration, the pleadings and papers on file herein, and any

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other evidence the Court deems appropriate to consider.

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Case 2:14-cv-01425-GMN-PAL Document 78 Filed 08/30/16 Page 2 of 4
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I.

PROCEDURAL HISTORY

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This is an inmate civil rights action filed pursuant to 42 U.S.C. section 1983. See ECF

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No. 19 (Plaintiff’s amended complaint). On December 19, 2014, this Court screened Plaintiff’s

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Complaint. See ECF No. 18. Pursuant to the Court’s screening order, Plaintiff was permitted to

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proceed on one count of retaliation against Defendants Flores-Nava, Pharris, Nash, and Foster.

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Id. at 6.

2016, Defendants filed a motion for summary judgment. ECF No. 56. On June 15, 2016, the

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Court scheduled a settlement conference for August 19, 2016. ECF No. 66. On July 14, 2016,

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555 East Washington Avenue, Suite 3900
Las Vegas, Nevada 89101-1068

On April 14, 2016, Plaintiff filed a motion for summary judgment. ECF No. 53. On April 29,

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Office of the Attorney General

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the Court rescheduled the settlement pursuant to Defendants’ request for October 21, 2016.

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ECF No. 71. This timely motion follows. See ECF No. 66 at 2 (“A request for an exception to the

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above attendance requirements must be filed and served at least one week prior to the

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settlement conference.”).

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II.

ARGUMENT

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Defendant Foster respectfully requests that she be excused from participating at the

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settlement conference set for October 21, 2016. Defendant Foster submits that there is good

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cause to excuse her based on the following considerations. First, Defendant Foster’s only

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involvement in this matter relates to her role as a grievance responder. Defendant Foster

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responded to thousands of individual grievances in her former capacity as Deputy Director for

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the Nevada Department of Corrections, was not personally involved in the cell search that is the

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subject of this lawsuit, and has no independent recollection of responding to Plaintiff’s grievance.

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Exhibit 1 (Declaration of Sheryl Foster). Consequently, it is unlikely that Defendant Foster has

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information that would assist the Court in facilitating settlement discussions between the parties.

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Second, Defendant Foster currently resides in Kingman, Arizona, at least five (5) nights a week,

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and would be required to travel to Las Vegas from Arizona and take leave from her job to attend

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the conference. Id. Based on the foregoing, Defendant Foster respectfully requests that she be

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excused from participating at the settlement conference.

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Case 2:14-cv-01425-GMN-PAL Document 78 Filed 08/30/16 Page 3 of 4
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III.

CONCLUSION
The Court should grant Defendant Foster’s motion to excuse her participation at the

upcoming settlement conference.
DATED this 30th day of August, 2016.
ADAM PAUL LAXALT
Nevada Attorney General

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By:

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Attorneys for Defendants

555 East Washington Avenue, Suite 3900
Las Vegas, Nevada 89101-1068

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Office of the Attorney General

/s/ Jared M. Frost
JARED M. FROST
Senior Deputy Attorney General
Bureau of Litigation
Public Safety Division

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IT IS SO ORDERED this 1st day
of September, 2016.

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___________________________
Peggy A. Leen
United States Magistrate Judge

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Case 2:14-cv-01425-GMN-PAL Document 78 Filed 08/30/16 Page 4 of 4
CERTIFICATE OF SERVICE

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I hereby certify that I am an employee of the State of Nevada, Office of the Attorney

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General, and that on the 30th day of August, 2016, I served the foregoing, DEFENDANT

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FOSTER’S

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CONFERENCE, by causing a true and correct copy thereof to be filed with the Clerk of the

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Court, using the electronic filing system, and by causing a true and correct copy thereof to be

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delivered to the Department of General Services, for mailing at Las Vegas, Nevada, addressed

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to the following:

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555 East Washington Avenue, Suite 3900
Las Vegas, Nevada 89101-1068

Office of the Attorney General

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MOTION

TO

EXCUSE

HER

PARTICIPATION

AT

THE

SETTLEMENT

Francis Johnson, #45800
Southern Desert Correctional Center
P.O. Box 208
Indian Springs, Nevada 89070
Plaintiff, Pro Se

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/s/ Carol A. Knight
CAROL A. KNIGHT
An employee of:
STATE OF NEVADA
OFFICE OF THE ATTORNEY GENERAL

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Case 2:14-cv-01425-GMN-PAL Document 78-1 Filed 08/30/16 Page 1 of 2

EXHIBIT 1

Declaration of
Sheryl Foster

EXHIBIT 1

Case 2:14-cv-01425-GMN-PAL Document 78-1 Filed 08/30/16 Page 2 of 2