Van Wagoner v. State of Nevada, Department of Corrections

Filing 26

ORDER. IT IS ORDERED that this case shall be returned to the normal litigation track. The deadlines imposed by Magistrate Judge Koppe in 19 Scheduling Order remain in full force and effect. Signed by Magistrate Judge Peggy A. Leen on 10/9/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JENNIFER VAN WAGONER,

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Case No. 2:15-cv-00310-APG-NJK
Plaintiff,

ORDER

v.

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STATE OF NEVADA, DEPARTMENT OF
CORRECITONS,

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Defendant.

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This matter is before the Court on Defendant’s Status Report (Dkt. #25) filed July 30,

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2015. This matter is referred to the undersigned pursuant to 28 U.S.C. § 636 and LR 16-6 of the

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Local Rules of Practice.

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The Court’s Order (Dkt. #14) scheduled an Early Neutral Evaluation (“ENE”)

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Conference in this case for June 25, 2015, at 9:30 AM before the undersigned. The parties

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reached a settlement during the ENE Conference and a telephonic status check was set for July

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16, 2015. See Mins. of Proceedings (Dkt. #20). During the telephonic status check, the parties

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informed the Court that they had exchanged drafts of a settlement agreement and a revised draft

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was pending Plaintiff’s review and approval. See Mins. of Proceedings (Dkt. #21). The Court

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ordered the parties to execute a finalized settlement agreement and file a stipulation to dismiss or

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a joint status report by July 30, 2015. Id.

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On July 21, 2015, Plaintiff’s counsel filed a Motion to Withdraw as Attorney (Dkt. #22),

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which the Honorable Magistrate Judge Nancy J. Koppe granted. See Order (Dkt. #23). On July

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30, 2015, Defendant filed a Status Report (Dkt. #25) indicating that Plaintiff stated that she “is

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not willing to sign the settlement agreement as it is written, that she is seeking a new attorney,

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and that she hopes to retain one by the beginning of the week starting July 27, 2015.” Defendant

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had not heard from Plaintiff nor her new counsel as of the date of the Status Report.
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To date, no new counsel for Plaintiff has appeared in this case, and Defendant has not
filed a motion to enforce settlement.

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Accordingly,

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IT IS ORDERED

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1. This case shall be returned to the normal litigation track.

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2. The deadlines imposed by Magistrate Judge Koppe in the Scheduling Order (Dkt. #19)

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remain in full force and effect.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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