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)

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Case 2:14-cv-02140-APG-GWF Document 84 Filed 07/28/17 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) 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 REGARDING MOTION TO PRODUCE AND PERSONNEL ATTENDANCE AT 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 submit the instant stipulation and order to satisfy 26 Plaintiff’s Motion for Order to Produce (ECF No. 82) and to excuse the personal 27 attendance of Warden Dwight Neven from attending the Settlement Conference set for 28 September 15, 2017. (ECF No. 80). 30 31 Page 1 of 3 Case 2:14-cv-02140-APG-GWF Document 84 Filed 07/28/17 Page 2 of 3 1 I. Stipulation Regarding Motion to Produce 2 Plaintiffs’ Counsel filed a Motion to Produce requesting that NDOC provide a 3 subject matter expert from Offender Management Division (“OMD”) to be present at the 4 Settlement Conference. The parties held a meet and confer, and Counsel for Defendants 5 advised that it did not have the authority to compel anyone from OMD to attend the 6 settlement conference at that time, because OMD was not a named party to the action. 7 Mr. Toddre advised that he would attempt to seek the requisite permission needed from 8 NDOC and OMD in order to stipulate to Mr. Barrick’s request. 9 OMD has authorized that non-party Shelly Williams attend the Settlement 10 Conference. Ms. Williams is producing an audit report for each Plaintiff’s good time 11 credit; Defendants will informally produce the audit to Mr. Barrick prior to the 12 Settlement Conference. 13 II. Stipulation Regarding Dwight Neven Personal Attendance 14 The parties also stipulate to excuse the attendance of Warden Dwight Neven, 15 whom currently serves as Warden for Florence McClure Women’s Correctional Center. 16 NDOC advised that its operational capacity would be substantially burdened if two 17 current Wardens were required to attend the same conference. 18 The lawsuit names Warden Brian Williams, the current Warden of High Desert 19 State Prison and former Warden at Southern Desert Correctional, and Dwight Neven, 20 who served as Warden of High Desert State Prison at the onset of litigation. 21 Warden Williams has since overseen the revisions of housing policies in the men’s 22 prisons that are relevant to the instant matter. The parties agree that Williams likely 23 has more current and pertinent knowledge to the revision of housing policies in the men’s 24 prisons subject to the instant litigation. 25 /// 26 /// 27 /// 28 /// 30 31 Page 2 of 3 Case 2:14-cv-02140-APG-GWF Document 84 Filed 07/28/17 Page 3 of 3 1 Accordingly, the parties agree that Shelly Williams will attend the Settlement 2 Conference on behalf of OMD, and that Dwight Neven shall be excused from personally 3 attending the Settlement Conference. To the extent necessary, Plaintiffs agree that its 4 Motion to Produce may be vacated as moot. 5 6 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 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 Page 3 of 3

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