Perez et al v. Cox et al

Filing 252

ORDER Granting 248 Motion to Remotely Attend Settlement Conference. The court will provide an email with a link to appear via Zoom video during the court's initial introduction. However, once individual caucuses begin, defendant's coun sel will be required to establish a remote connection through a personal laptop or cellular telephone. Counsel for the defendant shall include the email addresses of the representative and insurance adjuster in their settlement conference statement. Signed by Magistrate Judge Daniel J. Albregts on 2/13/2023. (Copies have been distributed pursuant to the NEF - TRW)

Case 2:15-cv-01572-APG-DJA Document 252
248 Filed 02/13/23
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AARON D. FORD
Attorney General
Craig Newby (Bar. No. 8591)
Chief Litigation Counsel
Kiel B. Ireland (Bar No. 15368)
Deputy Solicitor General
Office of the Attorney General
100 N. Carson St.
Carson City, NV 89701
[phone] (phone)
[phone] (fax)
[e-mail]
[e-mail]
Attorneys for Defendants State of Nevada,
James “Greg” Cox, Timothy Filson,
Dwight Neven, and Ronald Oliver

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VICTOR PEREZ, as Special Administrator CASE NO. 2:15-cv-01572-APG-DJA
of the Estate of CARLOS PEREZ,
deceased; VICTOR PEREZ, as Guardian
Ad Litem for S.E.P., a minor; VICTOR
PEREZ, as Guardian Ad Litem for A.I.P., a
minor,
Plaintiffs,
vs.
STATE OF NEVADA, ex.rel. NEVADA
DEPARTMENT OF CORRECTIONS;
DIRECTOR GREG COX, individually;
WARDEN DWIGHT NEVEN, individually;
ASSISTANT WARDEN TIMOTHY
FILSON, individually; COT. RAMOS,
individually; LIEUTENANT OLIVER,
individually; CORRECTIONS OFFICER
CASTRO, individually; CORRECTIONS
OFFICER SMITH, individually; and
DOES I-X, inclusive; and ROES I-X,
inclusive,

DEFENDANTS COX AND FILSON’S
REQUEST TO REMOTELY ATTEND
SETTLEMENT CONFERENCE

Defendants.

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Defendants Greg Cox and Timothy Filson (collectively, the “Out-of-State

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Defendants”), by and through counsel, pursuant to this Court’s order, ECF No. 245, at 2,

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request to remotely attend the February 24, 2023 settlement conference.

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Case 2:15-cv-01572-APG-DJA Document 252
248 Filed 02/13/23
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The Out-of-State Defendants are retired and no longer reside in Nevada. They would

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have to travel a substantial distance to attend the conference in person. Nevada law

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obligates the State to indemnify both of them, so neither will be personally responsible for

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paying any settlement amount. See NRS 41.0349. State officials with authority to settle

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and pay Plaintiffs’ claims will attend the settlement conference in person.

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The Out-of-State Defendants will ensure their availability for the duration of the

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settlement conference and can attend remotely via Zoom or a similar platform. If the Court

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cannot facilitate remote attendance, counsel can do so. Counsel will ensure that the Out-

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of-State Defendants can participate in all caucuses and Court sessions, and that they can

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authorize any settlement reached.
DATED this 7th day of February, 2023.

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AARON D. FORD
Attorney General

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By: /s/ Kiel B. Ireland
Craig Newby (Bar No. 8591)
Chief Litigation Counsel
Kiel B. Ireland (Bar No. 15368)
Deputy Solicitor General
Attorneys for Defendants, State of Nevada,
James “Greg” Cox, Timothy Filson,
Dwight Neven, and Ronald Oliver

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ORDER

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For good cause appearing therein, Defendant's Cox and Filson's motion [248] is GRANTED
Defendant Cox and Filson may appear remotely through video. The court will provide an
email with a link to appear via Zoom video during the court's initial introduction. However,
once individual caucuses begin, defendant's counsel will be required to establish a remote
connection through a personal laptop or cellular telephone. Counsel for the defendant shall
include the email addresses of the representative and insurance adjuster in their settlement
conference statement.
DATED: February 13, 2023

________________________________
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE
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