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)

Case 2:14-cv-02140-APG-GWF Document 81 Filed 07/12/17 Page 1 of 3
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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
[phone] (phone)
[phone] (fax)
[e-mail]
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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DONALD MOON,

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CASE NO. 2:14-cv-02140-APG-GWF

Plaintiff,

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vs.

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JAMES COX, et al.,

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STIPULATION AND ORDER TO
EXCUSE INDIVIDUAL DEFENDANTS
FROM SETTLEMENT CONFERENCE

Defendants.

Consolidated with Case No. 2:16-cv-02082APG-PAL

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DONALD J. BOGOTAITIS,

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Plaintiff,

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vs.

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STATE OF NEVADA, ex rel, the BOARD
OF COMMISSIONERS, et al.,

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Defendants.

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The parties, via counsel, hereby request this Court excuse the personal attendance

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of certain individual Defendants for the Settlement Conference in the above named case.

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The parties submitted a Stipulation and Order to Extend Discovery and Requested a

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Settlement Conference on or about June 13, 2017. (ECF No. 76).

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Case 2:14-cv-02140-APG-GWF Document 81 Filed 07/12/17 Page 2 of 3
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Magistrate Judge Foley Ordered a telephonic appearance to clarify the stipulation.

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(ECF No. 76). The Court set the Settlement Conference for September 15, 2017 at 9:00

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AM, based upon the conference and subsequent discussion between Chambers and

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Counsel.

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In the initial Stipulation (ECF No. 76) the parties requested that certain

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Defendants be excused. Defendants Bruce Bannister, James Cox, and Sheryl Foster are

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all retired and no longer reside in Las Vegas.

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Defendants did not have current knowledge as to the revised Housing policy, and agreed

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that their presence is not necessary for successful negotiations, and additionally the cost

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The parties submitted that these

to fly these persons to Las Vegas was cost prohibitive.

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During the telephonic appearance, Frank Toddre II, counsel for the Defendants

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raised an oral motion requesting that these three individuals be excused from attending

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the Conference. Plaintiff Counsel Travis Barrick advised on the record that he did not

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object to these individuals being excused from attending the conference in person.

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Case 2:14-cv-02140-APG-GWF Document 81 Filed 07/12/17 Page 3 of 3
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The Order setting the Settlement Conference did not contain any specific language

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excusing the personal attendance of these parties. As such, in an abundance of caution

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the parties submit this Stipulation and Order excusing the personal attendance of James

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Cox, Sheryl Foster, and Dr. Bruce Bannister.

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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

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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

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ORDER:

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GOOD CAUSE APPEARING, it is SO ORDERED, that Defendants Sheryl Foster,

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Bruce Bannister, and James Cox be excused from attending the September 15, 2017

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Settlement Conference.

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13th
DATED this _____ day of July 2017.

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__________________________________
MAGISTRATE JUDGE
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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