Moon et al v. Cox et al

Filing 85

ORDER Granting 84 Stipulation re 82 Motion, 80 Order Scheduling Settlement Conference. IT IS ORDERED, that 82 Plaintiffs' Motion to Produce be vacated as moot. See Order for details. Signed by Magistrate Judge George Foley, Jr on 7/31/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:14-cv-02140-APG-GWF Document 84 Filed 07/28/17 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
REGARDING MOTION TO PRODUCE
AND PERSONNEL ATTENDANCE AT
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 submit the instant stipulation and order to satisfy

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Plaintiff’s Motion for Order to Produce (ECF No. 82) and to excuse the personal

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attendance of Warden Dwight Neven from attending the Settlement Conference set for

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September 15, 2017. (ECF No. 80).

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Case 2:14-cv-02140-APG-GWF Document 84 Filed 07/28/17 Page 2 of 3
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I.

Stipulation Regarding Motion to Produce

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Plaintiffs’ Counsel filed a Motion to Produce requesting that NDOC provide a

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subject matter expert from Offender Management Division (“OMD”) to be present at the

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Settlement Conference. The parties held a meet and confer, and Counsel for Defendants

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advised that it did not have the authority to compel anyone from OMD to attend the

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settlement conference at that time, because OMD was not a named party to the action.

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Mr. Toddre advised that he would attempt to seek the requisite permission needed from

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NDOC and OMD in order to stipulate to Mr. Barrick’s request.

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OMD has authorized that non-party Shelly Williams attend the Settlement

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Conference. Ms. Williams is producing an audit report for each Plaintiff’s good time

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credit; Defendants will informally produce the audit to Mr. Barrick prior to the

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Settlement Conference.

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II.

Stipulation Regarding Dwight Neven Personal Attendance

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The parties also stipulate to excuse the attendance of Warden Dwight Neven,

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whom currently serves as Warden for Florence McClure Women’s Correctional Center.

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NDOC advised that its operational capacity would be substantially burdened if two

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current Wardens were required to attend the same conference.

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The lawsuit names Warden Brian Williams, the current Warden of High Desert

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State Prison and former Warden at Southern Desert Correctional, and Dwight Neven,

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who served as Warden of High Desert State Prison at the onset of litigation.

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Warden Williams has since overseen the revisions of housing policies in the men’s

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prisons that are relevant to the instant matter. The parties agree that Williams likely

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has more current and pertinent knowledge to the revision of housing policies in the men’s

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prisons subject to the instant litigation.

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Case 2:14-cv-02140-APG-GWF Document 84 Filed 07/28/17 Page 3 of 3
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Accordingly, the parties agree that Shelly Williams will attend the Settlement

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Conference on behalf of OMD, and that Dwight Neven shall be excused from personally

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attending the Settlement Conference. To the extent necessary, Plaintiffs agree that its

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Motion to Produce may be vacated as moot.

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DATED: July 25, 2017.

DATED: July 25, 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
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:
GOOD CAUSE APPEARING, it is SO ORDERED, that Plaintiffs’ Motion to
Produce be vacated as moot, and that Shelly Williams shall appear on behalf of the State
of Nevada’s Offender Management Division.
IT IS FURTHER ORDERED, that Defendants Dwight Neven be excused from
attending the September 15, 2017 Settlement Conference.
31st
DATED this _____ day of July 2017.
__________________________________
MAGISTRATE JUDGE
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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