Bacon v. Dzurenda et al

Filing 18

ORDER. IT IS ORDERED that the Attorney Generals Office shall send a letter to Defendant Bannister at his last known address informing him of this lawsuit. IT IS FURTHER ORDERED that, within 30 days from the date of this order, the Attorney General& #039;s Office shall file an updated notice with the Court informing the Court about Defendant Bannister's representation status. Signed by Magistrate Judge Nancy J. Koppe on 6/6/2018. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

PERCY LAVAE BACON,

10

Case No. 2:18-cv-00319-JAD-NJK
Plaintiff,

ORDER

v.
11
JAMES DZURENDA et al.,
12
Defendants.
13
14
15

I.

DISCUSSION

16

On May 21, 2018, this Court entered a screening order permitting Plaintiff’s

17

deliberate-indifference-to-serious-medical-needs claims (counts I, II, and IV) to proceed

18

against Defendant Bannister and his ADA claim (count III) to proceed against Doe

19

defendants when Plaintiff learned their identities. (ECF No. 12 at 9). The Court stayed

20

the case for 90 days to give Plaintiff and Defendant Bannister an opportunity to settle their

21

dispute before the filing fee was paid, an answer was filed, or the discovery process

22

began. (Id. at 9-10). The Court directed the Attorney General’s Office to notify the Court

23

whether it would enter a limited notice of appearance on behalf of Defendant Bannister

24

for the purpose of settlement. (Id. at 10).

25

On June 4, 2018, the Attorney General’s Office informed the Court that it could not

26

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

27

the only remaining named defendant in this action, was no longer employed by the

28

Nevada Department of Corrections. (ECF No. 15).
1

1
2
3
4
5
6
7
8

In light of the Attorney General Office’s notice, the Court now orders the Attorney
General’s Office to send a letter to Defendant Bannister at his last known address
informing him that he is a defendant in this lawsuit. In that letter, the Attorney General’s
Office shall ask Defendant Bannister if he would like the Office to represent him in this
matter. Within 30 days from the date of this order, the Attorney General’s Office shall file
an updated notice with the Court informing the Court whether it will be entering a limited
notice of appearance on behalf of Defendant Bannister for the purpose of settlement in
light of that letter.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

If the Attorney General’s Office enters a limited notice of appearance on behalf of
Defendant Bannister for the purpose of settlement, the Court shall schedule an early
inmate mediation conference. However, if the Attorney General’s Office notifies the Court
that it will not be entering a limited notice of appearance in light of its communication with
Defendant Bannister, the Court will issue an order that: (1) removes this case from the
early inmate mediation program, (2) rules on the application to proceed in forma pauperis,
and (3) begins the service process with the U.S. Marshal’s Office.
II.

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

send a letter to Defendant Bannister at his last known address informing him of this
lawsuit and asking whether he seeks to have the Office represent him for the limited
purpose of settlement.
IT IS FURTHER ORDERED that, within 30 days from the date of this order, the
Attorney General’s Office shall file an updated notice with the Court informing the Court
about Defendant Bannister’s representation status.
IT IS FURTHER ORDERED that, within 30 days from the date of this order, the
Attorney General’s Office shall advise the Court whether it will enter a limited notice of
appearance on behalf of Defendant Bannister for the purpose of settlement. No defenses

27
28
2

1
2
3
4
5

or objections, including lack of service, shall be waived as a result of the filing of the
limited notice of appearance.
IT IS FURTHER ORDERED that, if this case remains in the early inmate mediation
program, the Court extends the 90-day stay and the deadline for the 90-day stay status
report until 5 days after any scheduled mediation.

6
7

DATED THIS 6th day of June 2018.
___

8
9

UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3