McIntyre v. State of Nevada Ex Rel et al

Filing 6

ORDER granting 5 Motion of Acquiescence. IT IS ORDERED that, given the nature of the claim that the Court has permitted to proceed, this action is STAYED for 90 days. IT IS FURTHER ORDERED that, given the nature of the claim that the Court has p ermitted to proceed, this action is STAYED for 90 days. IT IS FURTHER ORDERED that, if any party seeks to have this case excluded from the inmate mediation program, that party must file a "motion to exclude case from mediation" no later than June 28, 2021. IT IS FURTHER ORDERED that the Clerk of the Court will electronically SERVE a copy of this order, the original screening order (Docket No. 3 ) and a copy of Plaintiff's Complaint (Docket No. 4 ) on the Office of the Atto rney General of the State of Nevada, by adding the Attorney General of the State of Nevada to the docket sheet. IT IS FURTHER ORDERED that the Attorney General's Office will advise the Court, no later than June 28, 2021, whether it will enter a limited notice of appearance on behalf of Defendant for the purpose of settlement. Signed by Magistrate Judge Nancy J. Koppe on 6/7/2021. (Copies have been distributed pursuant to the NEF - HAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DWIGHT McINTYRE,

Case No. 2:20-cv-00848-GMN-NJK

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Plaintiff,

ORDER

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v.

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STATE OF NEVADA, et al.,

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Defendants.

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On April 21, 2021, the Court issued a screening order on Plaintiff’s Complaint, Docket No.

11 4, permitting one claim to proceed and dismissing some claims with leave to amend and some claims
12 with prejudice. Docket No. 3. The Court granted Plaintiff 30 days from the date of that order to file
13 a First Amended Complaint curing the deficiencies of the Complaint. Id. The Court specifically
14 stated that, if Plaintiff chose not to file a First Amended Complaint, the action would proceed against
15 Defendant Ted Hanf on Plaintiff’s claim of deliberate indifference to serious medical need. Id. at
16 12. Plaintiff has filed a motion of acquiescence effectively notifying the Court that he will not be
17 amending his complaint. Docket No. 5. Pursuant to the screening order, this action will proceed
18 against Defendant Ted Hanf on Plaintiff’s claim of deliberate indifference to serious medical need
19 only.
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Accordingly, for the foregoing reasons,

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IT IS ORDERED that Plaintiff’s Motion of Acquiescence, Docket No. 5, is GRANTED.

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IT IS FURTHER ORDERED that, pursuant to the Court’s screening order, Docket No. 3,

23 this action will proceed against Defendant Ted Hanf on Plaintiff’s claim of deliberate indifference
24 to serious medical need only.
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IT IS FURTHER ORDERED that, given the nature of the claim that the Court has permitted

2 to proceed, this action is STAYED for 90 days to allow Plaintiff and Defendants an opportunity to
3 settle their dispute before the $350.00 filing fee is paid, an answer is filed, or the discovery process
4 begins. During this 90-day stay period and until the Court lifts the stay, no other pleadings or papers
5 may be filed in this case, and the parties may not engage in any discovery, nor are the parties required
6 to respond to any paper filed in violation of the stay unless specifically ordered by the court to do
7 so. The Court will refer this case to the Court’s Inmate Early Mediation Program, and the Court will
8 enter a subsequent order. Regardless, no later than September 7, 2021, the Office of the Attorney
9 General will file the report form attached to this order regarding the results of the 90-day stay, even
10 if a stipulation for dismissal is entered prior to the end of the 90-day stay. If the parties proceed with
11 this action, the Court will then issue an order setting a date for Defendants to file an answer or other
12 response. Following the filing of an answer, the Court will issue a scheduling order setting discovery
13 and dispositive motion deadlines.
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IT IS FURTHER ORDERED that “settlement” may or may not include payment of money

15 damages. It also may or may not include an agreement to resolve Plaintiff’s issues differently. A
16 compromise agreement is one in which neither party is completely satisfied with the result, but both
17 have given something up and both have obtained something in return.
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IT IS FURTHER ORDERED that, if the case does not settle, Plaintiff will be required to pay

19 the full $350.00 filing fee. This fee cannot be waived. If Plaintiff is allowed to proceed in forma
20 pauperis, the fee will be paid in installments from his prison trust account. 28 U.S.C. § 1915(b). If
21 Plaintiff is not allowed to proceed in forma pauperis, the $350.00 will be due immediately.
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IT IS FURTHER ORDERED that, if any party seeks to have this case excluded from the

23 inmate mediation program, that party must file a “motion to exclude case from mediation” no later
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1 than June 28, 2021. The responding party will have 7 days to file a response. No reply may be
2 filed. Thereafter, the Court will issue an order, set the matter for hearing, or both.
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IT IS FURTHER ORDERED that the Clerk of the Court will electronically SERVE a copy

4 of this order, the original screening order (Docket No. 3) and a copy of Plaintiff’s Complaint (Docket
5 No. 4) on the Office of the Attorney General of the State of Nevada, by adding the Attorney General
6 of the State of Nevada to the docket sheet. This does not indicate acceptance of service.
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IT IS FURTHER ORDERED that the Attorney General’s Office will advise the Court, no

8 later than June 28, 2021, whether it will enter a limited notice of appearance on behalf of Defendant
9 for the purpose of settlement. No defenses or objections, including lack of service, will be waived
10 as a result of the filing of the limited notice of appearance.
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DATED: June 7, 2021.

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DWIGHT McINTYRE,

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Plaintiff,

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

v.

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Case No. 2:20-cv-00848-GMN-NJK

STATE OF NEVADA, et al.,

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Defendants.

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10 NOTE: ONLY THE OFFICE OF THE ATTORNEY GENERAL WILL FILE THIS FORM.
THE INMATE PLAINTIFF MAY NOT FILE THIS FORM.
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On ________________ [the date of the issuance of the screening order], the Court issued its

13 screening order stating that it had conducted its screening pursuant to 28 U.S.C. § 1915A, and that
14 certain specified claims in this case would proceed. The Court ordered the Office of the Attorney
15 General of the State of Nevada to file a report 90 days after the date of the entry of the Court’s
16 screening order to indicate the status of the case at the end of the 90-day stay. By filing this form,
17 the Office of the Attorney General hereby complies.
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REPORT FORM

19 [Identify which of the following two situations (identified in bold type) describes the case, and
follow the instructions corresponding to the proper statement.]
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Situation One: Mediated Case: The case was assigned to mediation by a court-appointed
21 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.]
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____ A mediation session with a court-appointed mediator was held on _______________
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[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
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checked, the parties are on notice that they must SEPARATELY file either a
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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.)

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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.

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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.)

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No mediation session with a court-appointed mediator was held during the 90-day
stay, but one is currently scheduled for ________________ [enter date].

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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.

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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.

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15 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
16 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
17 to the signature block.]
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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.)

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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.

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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.

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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.

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6 Submitted this _______ day of __________________, ______ by:
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8 Attorney Name: _______________________
Print
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____________________________
Signature

10 Address:
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