Tagle v. State of Nevada et al

Filing 113

ORDER Granting 108 and 110 Motions to Strike. IT IS THEREFORE ORDERED the Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiffs supplemental third amended complaint 86 on the Office of the Attorney General of the State of Nevada, attention Kat Howe. IT IS FURTHER ORDERED Notice due within 21 days and Answer due within 60 days. Signed by Magistrate Judge George Foley, Jr on 7/21/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VICTOR TAGLE,

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Plaintiff,
) Case No. 2:15-cv-00623-APG-GWF
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v.
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STATE OF NEVADA, et al.,
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ORDER
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Defendants.
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___________________________________ )

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This is an action on a civil rights complaint pursuant to 42 U.S.C. § 1983, removed from
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state court. The Court entered a screening order on April 20, 2016. (ECF No. 103). The
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screening order imposed a 90-day stay and the Court entered a subsequent order in which the
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parties were assigned to mediation by a court-appointed mediator. (ECF No. 103, 105). The
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Office of the Attorney General has filed a status report indicating that settlement has not been
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reached and informing the Court of its intent to proceed with this action. (ECF No. 112).
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During the 90-day stay, Plaintiff filed two affidavits (ECF No. 106, 109) regarding a
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conversation Plaintiff had with defense counsel in preparation of the early mediation
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conference (“EMC”). Defendants have moved to strike these affidavits (ECF No. 108, 110)
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as improper filings as they were made prior to, and in preparation of, the EMC. See Fed. R.
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Evid. 408 (prohibiting the admission of settlement discussions as evidence). The Court grants
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Defendants’ motions to strike. These filings are improper and will not be considered by the
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Court.
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IT IS THEREFORE ORDERED that:
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1.

The Clerk of the Court shall electronically SERVE a copy of this order and a copy

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of Plaintiff’s supplemental third amended complaint (ECF No. 86) on the Office of the Attorney

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General of the State of Nevada, attention Kat Howe.
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Subject to the findings of the screening order (ECF No. 103), within twenty-one

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(21) days of the date of entry of this order, the Attorney General’s Office shall file a notice

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advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts

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service; (b) the names of the defendants for whom it does not accept service, and (c) the

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names of the defendants for whom it is filing the last-known-address information under seal.

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As to any of the named defendants for whom the Attorney General’s Office cannot accept

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service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known

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address(es) of those defendant(s) for whom it has such information. If the last known address

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of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain

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and provide the last known physical address(es).

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3.

If service cannot be accepted for any of the named defendant(s), Plaintiff shall

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file a motion identifying the unserved defendant(s), requesting issuance of a summons, and

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specifying a full name and address for the defendant(s). For the defendant(s) as to which the

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Attorney General has not provided last-known-address information, Plaintiff shall provide the

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full name and address for the defendant(s).

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4.

If the Attorney General accepts service of process for any named defendant(s),

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such defendant(s) shall file and serve an answer or other response to the complaint within

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sixty (60) days from the date of this order.

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5.

Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been

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entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the Court. Plaintiff shall include with the original document

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submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed or electronically filed to the defendants or counsel for the defendants. If counsel

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has entered a notice of appearance, Plaintiff shall direct service to the individual attorney

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named in the notice of appearance, at the physical or electronic address stated therein. The

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Court may disregard any document received by a district judge or magistrate judge which has

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not been filed with the Clerk of the Court, and any document received by a district judge,
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magistrate judge, or the Clerk of the Court which fails to include a certificate showing proper

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service.

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6.

Defendants’ motions to strike (ECF No. 108, 110) are granted.

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DATED: This 21st day of July, 2016.

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_________________________________
United States Magistrate Judge

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