Stewart v. State of Nevada et al

Filing 11

ORDER that the Clerk of the Court shall electronically serve a copy of this order on the Office of the Attorney General of the State of Nevada, attention Traci Plotnick. Plaintiff shall serve his 10 interrogatories on the Attorney General's O ffice within 30 days from the date of this order. Within 45 days from the date of this order, the Attorney General's Office shall either file a limited notice of appearance on behalf of those defendants for the purpose of settlement or file a notice informing the Court about the status of the identities of "West" and "Montoya." Signed by Magistrate Judge George Foley, Jr on 7/11/2017. (Copies have been distributed pursuant to the NEF - electronically served the Attorney General - SLD)

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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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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

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I.

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ROBERT E. STEWART,

2:16-cv-02019-JCM-GWF
ORDER

DISCUSSION

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On June 27, 2017, the Court directed the Attorney General’s Office to provide a list of

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names of the employees who worked at Ely State Prison (“ESP”) during September 2014 and

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October 2014 with some version of the name “West” or “Montoya” and their occupations at the

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time. (ECF No. 8 at 2). The Attorney General’s Office has provided the list to the Court. (ECF

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No. 10).

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Plaintiff is now permitted to conduct limited pre-service discovery in an effort to

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ascertain the true identities of Defendants “West” and “Montoya.” Plaintiff will be permitted

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to serve ten (10) interrogatories on the Attorney General’s Office in order to discover the

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identities of the “West” and “Montoya” described in Plaintiff’s complaint. If Plaintiff and the

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Attorney General’s Office learn the identities of the “West” and “Montoya” who allegedly

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violated Plaintiff’s rights, the Attorney General’s Office shall enter a limited notice of

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appearance on behalf of those defendants for the purpose of settlement in compliance with

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this Court’s screening order (ECF No. 5).

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court shall

electronically SERVE a copy of this order on the Office of the Attorney General of the State

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of Nevada, attention Traci Plotnick.

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IT IS FURTHER ORDERED that Plaintiff will be permitted to serve ten (10)

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interrogatories on the Attorney General’s Office in order to discover the true identities of the

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“West” and “Montoya” identified in Plaintiff’s complaint. Plaintiff shall serve his ten (10)

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interrogatories on the Attorney General’s Office within thirty (30) days from the date of this

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order.1

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IT IS FURTHER ORDERED that, if Plaintiff and the Attorney General are able to

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discover the true identities of the “West” and “Montoya” identified in Plaintiff’s complaint, the

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Attorney General’s Office shall enter a limited notice of appearance on behalf of those

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defendants for the purpose of settlement in compliance with this Court’s screening order (ECF

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No. 5).

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IT IS FURTHER ORDERED that, within forty-five (45) days from the date of this order,

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the Attorney General’s Office shall either file a limited notice of appearance on behalf of those

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defendants for the purpose of settlement or file a notice informing the Court about the status

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of the identities of “West” and “Montoya.”

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11th
DATED: This _____ day of July, 2017.

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_________________________________
United States Magistrate Judge

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Plaintiff should serve his interrogatories to Izaac Rowe, Esq., Nevada Attorney
General’s Office, 555 E. Washington Street., Ste. 3900, Las Vegas, Nevada 89101.
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