Moon et al v. Cox et al

Filing 83

ORDER Granting 81 Stipulation. Defendants Sheryl Foster, Bruce Bannister, and James Cox are excused from attending the 9/15/2017 Settlement Conference. Signed by Magistrate Judge George Foley, Jr on 7/13/2017. (Copies have been distributed pursuant to the NEF - TR)

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Case 2:14-cv-02140-APG-GWF Document 81 Filed 07/12/17 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 ADAM PAUL LAXALT Attorney General Frank A. Toddre II (Bar No. 11474) Deputy Attorney General State of Nevada Office of the Attorney General 555 E. Washington Avenue, Suite 3900 Las Vegas, NV 89101 (702) 486-3149 (phone) (702) 486-3773 (fax) ftoddre@ag.nv.gov Attorneys for Defendants Romeo Aranas, Bruce Bannister, James Cox, Sheryl Foster, Ira Hollingsworth, Roy Hookham, Nevada Board of State Prison Commissioners, Nevada Department of Corrections, Dwight Neven, and Brian Williams 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 DONALD MOON, 14 CASE NO. 2:14-cv-02140-APG-GWF Plaintiff, 15 vs. 16 JAMES COX, et al., 17 STIPULATION AND ORDER TO EXCUSE INDIVIDUAL DEFENDANTS FROM SETTLEMENT CONFERENCE Defendants. Consolidated with Case No. 2:16-cv-02082APG-PAL 18 19 DONALD J. BOGOTAITIS, 20 Plaintiff, 21 vs. 22 STATE OF NEVADA, ex rel, the BOARD OF COMMISSIONERS, et al., 23 24 Defendants. 25 The parties, via counsel, hereby request this Court excuse the personal attendance 26 of certain individual Defendants for the Settlement Conference in the above named case. 27 The parties submitted a Stipulation and Order to Extend Discovery and Requested a 28 Settlement Conference on or about June 13, 2017. (ECF No. 76). 30 31 Page 1 of 3 Case 2:14-cv-02140-APG-GWF Document 81 Filed 07/12/17 Page 2 of 3 1 Magistrate Judge Foley Ordered a telephonic appearance to clarify the stipulation. 2 (ECF No. 76). The Court set the Settlement Conference for September 15, 2017 at 9:00 3 AM, based upon the conference and subsequent discussion between Chambers and 4 Counsel. 5 In the initial Stipulation (ECF No. 76) the parties requested that certain 6 Defendants be excused. Defendants Bruce Bannister, James Cox, and Sheryl Foster are 7 all retired and no longer reside in Las Vegas. 8 Defendants did not have current knowledge as to the revised Housing policy, and agreed 9 that their presence is not necessary for successful negotiations, and additionally the cost 10 The parties submitted that these to fly these persons to Las Vegas was cost prohibitive. 11 During the telephonic appearance, Frank Toddre II, counsel for the Defendants 12 raised an oral motion requesting that these three individuals be excused from attending 13 the Conference. Plaintiff Counsel Travis Barrick advised on the record that he did not 14 object to these individuals being excused from attending the conference in person. 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 30 31 Page 2 of 3 Case 2:14-cv-02140-APG-GWF Document 81 Filed 07/12/17 Page 3 of 3 1 The Order setting the Settlement Conference did not contain any specific language 2 excusing the personal attendance of these parties. As such, in an abundance of caution 3 the parties submit this Stipulation and Order excusing the personal attendance of James 4 Cox, Sheryl Foster, and Dr. Bruce Bannister. 5 6 DATED: July 7, 2017. DATED: July 7, 2017. GALLIAN WELKER & BECKSTROM, L.C. ADAM PAUL LAXALT Nevada Attorney General By: /s/ Travis N. Barrick Travis N. Barrick, Esq. Nevada Bar No. 9257 540 E. St. Louis Avenue Las Vegas, Nevada 89104 Attorney for Plaintiffs In conjunction with the Pro Bono Program and the Legal Aid Center Of Southern Nevada By: /s/ Frank A. Toddre II Frank A. Toddre II (NV Bar No. 11474) Deputy Attorney General Office of the Nevada Attorney General 555 E. Washington Avenue, Suite 3900 Las Vegas, Nevada 89101 7 8 9 10 11 12 13 14 15 Attorneys for Defendants Sheryl Foster, Romeo Aranas, Bruce Bannister, James Cox, Ira Hollingsworth, Roy Hookham, Dwight Neven, Brian Williams, Nevada Board of State Prison Commissioners, Nevada Department of Corrections 16 17 18 19 ORDER: 20 GOOD CAUSE APPEARING, it is SO ORDERED, that Defendants Sheryl Foster, 21 Bruce Bannister, and James Cox be excused from attending the September 15, 2017 22 Settlement Conference. 23 13th DATED this _____ day of July 2017. 24 25 26 27 __________________________________ MAGISTRATE JUDGE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 28 30 31 Page 3 of 3

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