Jones v. Aranas et al

Filing 27

ORDER Granting 26 Stipulation to Extend Litigation Stay and Set New Early Mediation Conference Date (First Request). Signed by Magistrate Judge George Foley, Jr on 6/26/17. (Copies have been distributed pursuant to the NEF - MR)

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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 Defendant
James Bankston and Greg Garcia

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Jason Marcus Jones,

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Plaintiff,

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vs.

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Case No. 2:15-cv-01720-RFB-GWF
STIPULATION AND ORDER TO EXTEND
LITIGATION STAY AND SET NEW EARLY
MEDIATION CONFERENCE DATE

Warden Neven, et al.,

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Defendants.

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Plaintiff Jason Marcus Jones, by and through Victoria Neal Esq., of Kemp & Kemp,

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and Defendants James Bankston and Greg Garcia, by and through Adam Paul Laxalt,

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Attorney General for the State of Nevada, and Frank A. Toddre II, Deputy Attorney

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General, hereby stipulate to extend the current litigation stay from July 17, 2017, until

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August 18, 2017, and request that the Early Mediation Conference be set for August 4,

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2017 at 1:30 PM.

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Page 1 of 3

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

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On December 4, 2014, Jason Marcus Jones filed his civil rights Complaint in the

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Eighth Judicial District Court, in proper person. The Defendants petitioned to remove

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the action on September 8, 2015. (ECF No. 1). On February 17, 2016, the Court issued its

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first Screening Order and allowed Plaintiff to file an Amended Complaint to correct

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certain deficiencies in the Complaint. (ECF No. 8).

RELEVANT PROCEDURAL HISTORY

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Jones filed a First Amended Complaint on March 30, 2016. The Court issued a

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second Screening Order on the Amended Complaint and further ordered Counsel

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appointed via the Federal Pro Bono Program. (ECF No. 20) On January 4, 2017, the

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Court extended the stay indefinitely until appointment of Counsel. (ECF No. 22). On

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May 31, 2017, the Court appointed Victoria L. Neal, Esq. and James P. Kemp, Esq. as

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Counsel of Record. As such, the Court stayed the action ad infinitum until 45 days after

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the appointment to allow the parties an opportunity to settle their dispute by way of an

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Early Mediation Conference. Pursuant to this order, the stay is set to end on July 17,

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2017. Id.

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Due to pre-existing commitments, the parties and the Court were unable to set a

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mutually agreeable time for the conference prior to July 17.

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alternative dates and the parties are now available to conduct the Early Mediation

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Conference on August 4, 2017. The parties communicated this mutually agreeable date

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to the Court on June 16, 2017.

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Page 2 of 3

The Court proposed

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II.

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As such, the parties move to extend the litigation stay from July 17, 2017 until

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August 18, 2017. The parties additionally request that the Early Mediation Conference be

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set for August 4, 2017, at 1:30 PM.

CONCLUSION AND REQUEST FOR RELIEF

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DATED June 20, 2017

DATED June 20, 2017

KEMP & KEMP

ADAM PAUL LAXALT
Nevada Attorney General

By: /s/ Victoria L. Neal
James P. Kemp, Esq.,
Nevada Bar No. 6375
Victoria L. Neal, Esq.
Nevada Bar No. 13382
7435 W. Azure Drive, Suite 110
Las Vegas, Nevada 89130
Attorneys for Plaintiff
Jason Marcus Jones

By: /s/ Frank A. Toddre II
Frank A. Toddre II
Nevada 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
James Bankston and Greg Garcia

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ORDER

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June 26
Dated: ________________, 2017

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IT IS SO ORDERED:
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UNITED STATES MAGISTRATE JUDGE

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