Rudin v. Dzurenda et al

Filing 13

ORDER that this action will proceed (see order for details). FURTHER ORDERED that if any party seeks to have this case excluded from the inmate mediation program, that party will file a "motion to exclude case from mediation" on or be fore 21 days from the date of this order.The Attorney General's Office will advise the Court within 21 days of the date of the entry of this order whether it will enter a limited notice of appearance. Signed by Magistrate Judge Peggy A. Leen on 4/10/2019., Case stayed for 90 days. (Copies have been distributed pursuant to the NEF - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

MARGARET RUDIN,

4

Plaintiff

5
6

Case No. 2:18-cv-00822-JCM-PAL
ORDER

v.
DZURENDA et al.,

7

Defendants

8
9

I.

DISCUSSION

10

On February 27, 2019, the Court issued a screening order permitting some claims

11

to proceed, dismissing some claims with prejudice, and dismissing other claims with leave

12

to amend. (ECF No. 11 at 12-13). The Court granted Plaintiff 30 days from the date of

13

that order to file a second amended complaint curing the deficiencies of the amended

14

complaint. (Id. at 13). The Court specifically stated that if Plaintiff chose not to file a

15

second amended complaint, the action would proceed on count II-First Amendment

16

incoming mail violations against defendants Parkerson and Piccinini and count III-First

17

Amendment incoming mail violations against defendant Parkerson only. (Id. at 13-14).

18

Plaintiff has not filed a second amended complaint. Pursuant to the screening order, this

19

action will proceed on count II-First Amendment incoming mail violations against

20

defendants Parkerson and Piccinini and count III-First Amendment incoming mail

21

violations against defendant Parkerson only.

22

II.

CONCLUSION

23

For the foregoing reasons, IT IS ORDERED that, pursuant to the Court’s screening

24

order (ECF No. 11), this action will proceed on count II-First Amendment incoming mail

25

violations against defendants Parkerson and Piccinini and count III-First Amendment

26

incoming mail violations against defendant Parkerson only.

27

IT IS FURTHER ORDERED that given the nature of the claim(s) that the Court has

28

permitted to proceed, this action is STAYED for 90 days to allow Plaintiff and Defendant(s)

1

an opportunity to settle their dispute before the $350.00 filing fee is paid, an answer is

2

filed, or the discovery process begins. During this 90-day stay period, no other pleadings

3

or papers will be filed in this case, and the parties will not engage in any discovery, nor

4

are the parties required to respond to any paper filed in violation of the stay unless

5

specifically ordered by the court to do so. The Court will refer this case to the Court’s

6

Inmate Early Mediation Program, and the Court will enter a subsequent order.

7

Regardless, on or before 90 days from the date this order is entered, the Office of the

8

Attorney General will file the report form attached to this order regarding the results of the

9

90-day stay, even if a stipulation for dismissal is entered prior to the end of the 90-day

10

stay. If the parties proceed with this action, the Court will then issue an order setting a

11

date for Defendants to file an answer or other response. Following the filing of an answer,

12

the Court will issue a scheduling order setting discovery and dispositive motion deadlines.

13

IT IS FURTHER ORDERED that “settlement” may or may not include payment of

14

money damages. It also may or may not include an agreement to resolve Plaintiff’s issues

15

differently. A compromise agreement is one in which neither party is completely satisfied

16

with the result, but both have given something up and both have obtained something in

17

return.

18

IT IS FURTHER ORDERED that if the case does not settle, Plaintiff will be required

19

to pay the full $350.00 filing fee. This fee cannot be waived. If Plaintiff is allowed to

20

proceed in forma pauperis, the fee will be paid in installments from his prison trust

21

account. 28 U.S.C. § 1915(b). If Plaintiff is not allowed to proceed in forma pauperis, the

22

$350.00 will be due immediately.

23

IT IS FURTHER ORDERED that if any party seeks to have this case excluded from

24

the inmate mediation program, that party will file a “motion to exclude case from

25

mediation” on or before 21 days from the date of this order. The responding party will

26

have 7 days to file a response. No reply will be filed. Thereafter, the Court will issue an

27

order, set the matter for hearing, or both.

28

IT IS FURTHER ORDERED that the Clerk of the Court will electronically SERVE

-2-

1

a copy of this order, the original screening order (ECF No. 11) and a copy of Plaintiff’s

2

amended complaint (ECF No. 12) on the Office of the Attorney General of the State of

3

Nevada, by adding the Attorney General of the State of Nevada to the docket sheet. This

4

does not indicate acceptance of service.

5

IT IS FURTHER ORDERED that the Attorney General’s Office will advise the Court

6

within 21 days of the date of the entry of this order whether it will enter a limited notice of

7

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

8

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

9

notice of appearance.

10
11

DATED THIS 10th day of April 2019.

12
13

United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4

MARGARET RUDIN,
Plaintiff

5
6
7

REPORT OF ATTORNEY GENERAL
RE: RESULTS OF 90-DAY STAY

v.
DZURENDA et al.,
Defendants

8
9

Case No. 2:18-cv-00822-JCM-PAL

NOTE: ONLY THE OFFICE OF THE ATTORNEY GENERAL SHALL FILE THIS FORM.
THE INMATE PLAINTIFF SHALL NOT FILE THIS FORM.

10
11

On ________________ [the date of the issuance of the screening order], the Court

12

issued its screening order stating that it had conducted its screening pursuant to 28 U.S.C.

13

§ 1915A, and that certain specified claims in this case would proceed. The Court ordered

14

the Office of the Attorney General of the State of Nevada to file a report ninety (90) days

15

after the date of the entry of the Court’s screening order to indicate the status of the case

16

at the end of the 90-day stay. By filing this form, the Office of the Attorney General hereby

17

complies.

18

REPORT FORM
[Identify which of the following two situations (identified in bold type) describes the case,
and follow the instructions corresponding to the proper statement.]

19
20
21
22
23
24
25
26
27
28

Situation One: Mediated Case: The case was assigned to mediation by a courtappointed mediator during the 90-day stay. [If this statement is accurate, check ONE
of the six statements below and fill in any additional information as required, then proceed
to the signature block.]
____ A mediation session with a court-appointed mediator was held on
_______________ [enter date], and as of this date, the parties have
reached a settlement (even if paperwork to memorialize the settlement
remains to be completed). (If this box is checked, the parties are on notice
that they must SEPARATELY file either a contemporaneous stipulation of
dismissal or a motion requesting that the Court continue the stay in the case
until a specified date upon which they will file a stipulation of dismissal.)
____ A mediation session with a court-appointed mediator was held on
________________ [enter date], and as of this date, the parties have not
reached a settlement. The Office of the Attorney General therefore informs
the Court of its intent to proceed with this action.

-4-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

____ No mediation session with a court-appointed mediator was held during the
90-day stay, but the parties have nevertheless settled the case. (If this box
is checked, the parties are on notice that they must SEPARATELY file a
contemporaneous stipulation of dismissal or a motion requesting that the
Court continue the stay in this case until a specified date upon which they
will file a stipulation of dismissal.)
____ No mediation session with a court-appointed mediator was held during the
90-day stay, but one is currently scheduled for ________________ [enter
date].
____ No mediation session with a court-appointed mediator was held during the
90-day stay, and as of this date, no date certain has been scheduled for
such a session.
____ None of the above five statements describes the status of this case.
Contemporaneously with the filing of this report, the Office of the Attorney
General of the State of Nevada is filing a separate document detailing the
status of this case.
*****
Situation Two: Informal Settlement Discussions Case: The case was NOT assigned
to mediation with a court-appointed mediator during the 90-day stay; rather, the
parties were encouraged to engage in informal settlement negotiations. [If this
statement is accurate, check ONE of the four statements below and fill in any additional
information as required, then proceed to the signature block.]
____ The parties engaged in settlement discussions and as of this date, the
parties have reached a settlement (even if the paperwork to memorialize
the settlement remains to be completed). (If this box is checked, the parties
are on notice that they must SEPARATELY file either a contemporaneous
stipulation of dismissal or a motion requesting that the Court continue the
stay in this case until a specified date upon which they will file a stipulation
of dismissal.)
____ The parties engaged in settlement discussions and as of this date, the
parties have not reached a settlement. The Office of the Attorney General
therefore informs the Court of its intent to proceed with this action.
____ The parties have not engaged in settlement discussions and as of this date,
the parties have not reached a settlement. The Office of the Attorney
General therefore informs the Court of its intent to proceed with this action.

23
24
25
26

____ None of the above three statements fully describes the status of this case.
Contemporaneously with the filing of this report, the Office of the Attorney
General of the State of Nevada is filing a separate document detailing the
status of this case.
Submitted this _______ day of __________________, ______ by:

27
28

Attorney Name: _______________________
Print
-5-

_________________________
Signature

1
2
3

Address:

______________________

Phone:
___________________________

______________________
Email:

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-6-