Carter v. Dzurenda et al

Filing 52

ORDER granting 51 Stipulation of Dismissal with prejudice; Signed by Judge Andrew P. Gordon on 5/7/2020. (Copies have been distributed pursuant to the NEF - JM)

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7th

5/7/2020

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EXHIBIT A

Declaration of
Counsel

EXHIBIT A

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AARON D. FORD
Attorney General
AUSTIN T. BARNUM (Bar No. 15174)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 East Washington Avenue
Suite 3900
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
Email: [e-mail]

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Attorneys for Defendants
Scherrie Bean and Brian Williams

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHANNON CARTER,

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Case No. 2:18-cv-00452-APG-BNW

Plaintiff,

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v.

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JAMES DZURENDA, et al.,

DECLARATION OF COUNSEL

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Defendants.

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I, Austin T. Barnum, Esq., declare in support of this Stipulation and Order to

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Dismiss with Prejudice, in the matter styled Shannon Carter v. James Dzurenda, et. al.,

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Case No. 2:180cv-00452-APG-BNW in the Federal District of Nevada:
1.

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I am an attorney duly licensed to practice before all Courts in the State of

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Nevada, and am a Deputy Attorney General in the employment of the Office of the Attorney

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General.

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2.

I am responsible Counsel for the Defendants in the instant matter.

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3.

On May 6, 2020, I called Plaintiff, Shannon Carter (Carter), consistent with a

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scheduled meeting with Warm Springs Correctional Center.

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///

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4.

Carter and I discussed his filing, ECF No. 50, titled Motion to Voluntary

Dismiss, wherein Carter moved this Court to voluntarily dismiss the instant matter.
5.

We discussed the option of filing a stipulated order with the terms that the

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dismissal be with prejudice. I explained that the term “with prejudice” means he will not

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be able to file this case again in the future.

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I explained, further, that we were preserving the right to file a strike. He

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asked if this stipulation and order was a request for a strike. I advised him that it was not.

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I advised him that we were simply preserving the right for the future.

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7.

Carter said that he understood and that he accepted the terms as stated.

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8.

I informed Carter that I would draft the Stipulation and Order and have it

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sent to him for review and signing.
I declare under penalty of perjury of the laws of the State of Nevada that the
foregoing is true and correct.
Executed this 6th day of May, 2020, in Las Vegas, Nevada.

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/s/ Austin T. Barnum
AUSTIN T. BARNUM

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