Evans v. Board of Prison Commissioners et al

Filing 30

ORDER APPROVING ECF No. 29 Stipulation. Response to ECF No. 17 MOTION for Preliminary Injunction due by 7/11/2016. Signed by Magistrate Judge Nancy J. Koppe on 6/21/2016. (Copies have been distributed pursuant to the NEF - DRM)

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ADAM PAUL LAXALT
Nevada Attorney General
ANDREA R. BARRACLOUGH
Chief Deputy Attorney General
Nevada Bar No. 9158
Bureau of Litigation
Public Safety Division
100 N. Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendants
Nevada Board of Prison Commissioner,
Nevada Department of Corrections, Isidro Baca,
Colin Brown, Barbara Cegavske,
James Cox, Jerry Howell,
Laxalt, Randolph Moye, Jennifer Nash,
Dwight Neven, Ryan Pappas
Michael Ramos, Brian Sandoval, Anthony Scillia,
Bruce Stroud and Yekchung Yung

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAWRENCE EVANS, an individual

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Plaintiff,

Case No.

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v.

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STATE OF NEVADA, ex rel THE NEVADA
BOARD OF PRISON COMMISSIONERS;
STATE OF NEVADA, ex rel
DEPARTMENT OF CORRECTIONS;
BRIAN SANDOVAL, in his individual and
official capacity as a Nevada Prison
Commissioner; ADAM P. LAXALT, in his
individual and official capacity as a Nevada
Prison Commissioner; BARBARA
CEGAVSKE, in her individual and official
capacity as a Nevada Prison
Commissioner; JAMES G. COX, in his
individual and official capacity as Director of
the Nevada Department of Corrections;
DWIGHT NEVEN, in his individual and
official capacity as Warden of High Desert
State Prison; ANTHONY SCILLIA, in his
individual and official capacity as Associate
Warden of High Desert State Prison;
ISIDRO BACA, in his individual and official

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STIPULATION AND ORDER TO EXTEND
MOTION FOR PRELIMINARY
INJUNCTION (ECF NO. 17)

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capacity as Associate Warden of High
Desert State Prison; COLE MORROW, in
his individual and official capacity as
Associate Warden of High Desert State
Prison; JERRY HOWELL, in his individual
and official capacity as Associate Warden
of High Desert State Prison; JENNIFER
NASH, in her individual and official capacity
as Associate Warden of High Desert State;
COLIN BROWN, in his individual capacity
as a correctional sergeant; MICHAEL
RAMOS, in his individual capacity as a
correctional officer; RANDOLPH MOYE, in
his individual capacity as a correctional
officer; BRUCE STROUD, in his individual
capacity as a correctional officer lieutenant;
ARTHUR LINDSEY, in his individual
capacity as a correctional lieutenant;
CHARLES RATCLIFF, in his individual
capacity as a correctional officer; RYAN
PAPPAS, in his individual capacity as a
correctional officer; YEKCHUNG YUNG, in
his individual capacity as a correctional
officer; and DOES 1 through 10,
collectively,
Defendants.

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Plaintiff, Lawrence Evans, by and through counsel, Travis N. Barrick, and Defendants

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Nevada Board of Prison Commissioner, Nevada Department of Corrections, Isidro Baca, Colin

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Brown, Barbara Cegavske, James Cox, Jerry Howell, Adam Laxalt, Randolph Moye, Jennifer

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Nash, Dwight Neven, Ryan Pappas, Michael Ramos, Brian Sandoval, Anthony Scillia, Bruce

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Stroud and Yekchung Yung, by and through counsel, Adam Paul Laxalt, Attorney General of

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the State of Nevada, and Andrea R. Barraclough, Chief Deputy Attorney General, hereby

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stipulate as follows:
1)

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That the Court in (ECF No. 28) ordered Defendants to respo

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pending Motion for Preliminary Judgment, which had been stayed for the purposed of

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mediation, but which had been resurrected upon a stipulated lift of the stay when mediation

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did not result in settlement.

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///
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2)

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That even though mediation was unsuccessful, the parties continued informal

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negotiations. Defendants did not provide an opposition brief earlier because settlement was

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close;

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3)

That this matter has been successfully negotiated as of today, with Plaintiff

providing oral agreement but still needing to sign and return the Settlement Agreement prior to

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Accordingly, the parties stipulate to an extension to time for Defendants to file an

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Opposition to the Motion for Preliminary Injunction, in the expectation that they will be able to

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file a Stipulation to Dismiss upon settlement agreement in lieu of an opposition prior to its next

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due date.

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The parties believe Plaintiff can review, sign and return the Settlement Agreement

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within two (2) weeks, that it can be countersigned within a few days thereafter, and that the

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Stipulation to Dismiss can be executed by both counsels contemporaneously.

ion for Preliminary

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Thus, the

Injunction until Monday, July 11, 2016.

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DATED this _20_ day of June, 2016.

DATED this _20__ day of June, 2016.

GALLIAN WELKER & BECKSTROM, LC

OFFICE OF THE ATTORNEY GENERAL

By:
_/s/_Travis N. Barrick _______________
Travis N. Barrick, SBN 9257
540 E. St. Louis Avenue
Las Vegas, Nevada 89117
[phone]
[e-mail]
Attorneys for Plaintiff

By:
____________________________________
Andrea R. Barraclough, SBN 9158
100 N. Carson Street
Carson City, NV 89701
[phone]
[e-mail]
Attorneys for Defendants

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APPROVED AND SO ORDERED:

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June 21, 2016
Dated: __________________

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______________________________
United States District Judge
UNITED STATES MAGISTRATE JUDGE
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