Gibbs v. Fey et al

Filing 9

ORDER directing AG's Office to: send letter to Defendant Zieman at last known address informing him of lawsuit and asking whether he seeks representation; to file updated notice within 30 days as to Zieman's representation status; and to advise Court whether it will enter limited notice of appearance on behalf of Zieman for purpose of settlement. Signed by Magistrate Judge Nancy J. Koppe on 6/16/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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DR. MARIA FEY et al.,
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Defendants.
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___________________________________ )

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I.

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LARRY GIBBS, JR.,

2:15-cv-01958-GMN-NJK
ORDER

DISCUSSION

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On March 22, 2016, this Court entered a screening order granting Plaintiff leave to

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amend. (ECF No. 2 at 8). The screening order stated that, if Plaintiff chose not to file a first

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amended complaint curing the stated deficiencies of his complaint, the action would proceed

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against Defendant Zieman for deliberate indifference to serious medical needs only. (Id.). On

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April 18, 2016, Plaintiff notified the Court that he did not want to file an amended complaint but

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did want to proceed against Defendant Zieman. (ECF No. 3 at 1).

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On April 22, 2016, this Court issued an order staying the case for 90 days to give

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Plaintiff and Defendant Zieman an opportunity to settle their dispute before the filing fee was

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paid, an answer was filed, or the discovery process began. (ECF No. 4 at 2). The Court

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directed the Attorney General’s Office to notify the Court whether it would enter a limited notice

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of appearance on behalf of Defendant Zieman for the purpose of settlement. (Id. at 3).

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On May 13, 2016, the Attorney General’s Office informed the Court that it could not

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make a limited appearance for the purpose of settlement because Defendant Zieman, the only

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remaining defendant in this action, was no longer employed by the Nevada Department of

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Corrections. (ECF No. 6 at 1). The Attorney General’s Office explained that it could not

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appear on Defendant Zieman’s behalf because it had not received a request for representation

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from him. (Id.).

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In light of the Attorney General Office’s notice, the Court now orders the Attorney

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General’s Office to send a letter to Defendant Zieman at his last known address informing him

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that he is a defendant in this lawsuit. In that letter, the Attorney General’s Office shall ask

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Defendant Zieman if he would like the Office to represent him in this matter. Within 30 days

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from the date of this order, the Attorney General’s Office shall file an updated notice with the

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Court informing the Court whether it will be entering a limited notice of appearance on behalf

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of Defendant Zieman for the purpose of settlement in light of that letter.

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If the Attorney General’s Office enters a limited notice of appearance on behalf of

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Defendant Zieman for the purpose of settlement, the Court shall schedule an early inmate

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mediation conference. However, if the Attorney General’s Office notifies the Court that it will

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not be entering a limited notice of appearance in light of its communication with Defendant

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Zieman, the Court will issue an order that: (1) removes this case from the early inmate

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mediation program, (2) rules on the application to proceed in forma pauperis, and (3) begins

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the service process with the U.S. Marshal’s Office.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Attorney General’s Office shall

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send a letter to Defendant Zieman at his last known address informing him of this lawsuit and

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asking whether he seeks to have the Office represent him in this lawsuit.

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IT IS FURTHER ORDERED that, within 30 days from the date of this order, the

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Attorney General’s Office shall file an updated notice with the Court informing the Court about

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Defendant Zieman’s representation status.

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IT IS FURTHER ORDERED that, within 30 days from the date of this order, the

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Attorney General’s Office shall advise the Court whether it will enter a limited notice of

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appearance on behalf of Defendant Zieman for the purpose of settlement. No defenses or

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objections, including lack of service, shall be waived as a result of the filing of the limited notice

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of appearance.

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IT IS FURTHER ORDERED that, if this case remains in the early inmate mediation

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program, the Court extends the 90-day stay and the deadline for the 90-day stay status report

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until 5 days after any scheduled mediation.

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DATED: This 16th day of June, 2016.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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