Egberto v. Nevada Department Of Corrections

Filing 290

MINUTES OF PROCEEDINGS - Status Conference held on 5/3/2017 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Travis Barrick (Telephonically); Def Counsel: Erin Albright (Telephonically); Recorder: FTR; Recording start and end times: 9:07:41 a.m. - 9:44:47 a.m.; Courtroom: 2. Plaintiff's motion for appointment of counsel (ECF No. 278 ) and request to refer this matter to the pro bono program (ECF N o. 279 ) are DENIED. However, the court will enter an order referring this matter to the pro bono program and appoint Mr. Barrck as pro bono counsel for Plaintiff. Plaintiff's renewed motion for leave to designate expert witness (ECF No. 237 ) is GRANTED and discovery is reopened for the limited purposes of expert witnesses. The court directs that the medical expert report is due no later than Friday, 5/19/2017. Rebuttal expert report is due Friday, 6/16/2017. The court schedules a settlement conference on Tuesday, 6/27/2017, at 9:00 a.m. A separate order scheduling the settlement conference will be filed. (Copies have been distributed pursuant to the NEF - KO)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RICKEY EGBERTO,

)
)
Plaintiff,
)
)
vs.
)
)
NEVADA DEPARTMENT
)
OF CORRECTIONS, et al.,
)
)
Defendants.
)
___________________________________ )

Case No. 3:06-cv-00715-MMD-WGC
MINUTES OF PROCEEDINGS

May 3, 2017

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

Katie Lynn Ogden

REPORTER:

FTR

COUNSEL FOR PLAINTIFF: Travis Barrick (Telephonically)
COUNSEL FOR DEFENDANTS:

Erin Albright (Telephonically)

MINUTES OF PROCEEDINGS: Status Conference
9:07 a.m. Court convenes.
The court hold today’s conference to discuss the status of the case and two motions
submitted by Plaintiff Rickey Egberto himself and not through his current listed counsel or
record. The two motions include: “Motion for Appointment of Counsel” (ECF No. 278) and
“Request for Referral to the Pro Bono Program” (ECF No. 279).
The court reviews the history of the case, in particular, as to the roll in which Plaintiff’s
counsel Travis N. Barrick has participated in this case. Mr. Barrick made his first appearance in
the case on 3/15/2011 (ECF No.236). Plaintiff Egberto filed a substitution of counsel on
5/23/2013 (ECF No. 259) (and later a corrected image was submitted pursuant to the Clerk’s
Office instruction at ECF No. 264) indicating he would be litigating this matter pro se.
Judgment was entered in this case on 4/26/2013 (ECF No. 257), which was followed by an
appeal filed by the Plaintiff himself on 5/23/2013 (ECF No. 258); however, it is the court’s
understanding that Mr. Barrick prosecuted the appeal at the Ninth Circuit Court of Appeal. The
Ninth Circuit Court of Appeals affirmed in part, reversed and remanded in part the case back to
the U.S. District Court on 2/6/2017 (ECF No. 268), and the mandate was spread on 3/10/2017
(ECF No. 272). The court was advised Mr. Barrick withdrew as counsel after the appeal;
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Minutes of Proceedings
3:06-cv-00715-MMD-WGC
May 3, 2017
however, the court does not have any formal documentation that indicates Mr. Barrck is no
longer counsel or record for this instant case.
The court states the “notice of substitution” submitted by Plaintiff Egberto does not
comply with the local rules of this court, which requires leave of court to secure such a
substitution. The court makes the observation it is likely Plaintiff’s notice of substitution was
never acted on by the court because of the notice of appeal being filed.
Mr. Barrick concurs with the court’s chronology of his participation and history of the
case and further confirms he has never formally withdrawn from the case. Mr. Barrick explains
suggested to Mr. Egberto to file a request to refer this matter to the court’s pro bono program for
expense reimbursement purposes and to allow law students the opportunity to participate in these
matter with Mr. Barrick.
After further discussion with counsel regarding the pro bono program the court denies
Plaintiff’s motion for appointment of counsel (ECF No. 278) and request to refer this matter to
the pro bono program (ECF No. 279). However, the court will enter an order referring this
matter to the pro bono program and appoint Mr. Barrck as pro bono counsel for Plaintiff.
Separate orders will be filed hereafter today’s hearing.
Mr. Barrick renews Plaintiff’s “Motion for Leave to Designate Expert Witnesses (First
Request)” (ECF No. 237), in which the motion was stayed (ECF No. 240) pending the ruling on
the court’s report and recommendation (ECF No. 230). Mr. Barrick argues that having an
independent medical opinion will be helpful for a potential settlement conference in this case.
After consideration, Plaintiff’s motion (ECF No. 237) is GRANTED and discovery is
reopened for the limited purposes of expert witnesses. The court directs that the medical expert
report is due no later than Friday, 5/19/2017. Rebuttal expert report is due Friday, 6/16/2017.
The court next schedules a settlement conference on Tuesday, 6/27/2017, at 9:00 a.m.
before recalled Magistrate Judge Robert A. McQuaid, Jr. The logistics of the Plaintiff’s
participation shall be coordinated by Mr. Barrick. Mr. Barrick shall advise Mr. Ogden via phone
or email of the arrangements for Plaintiff’s participation. A separate order scheduling the
settlement conference will be filed hereafter today’s hearing.
The court makes the observation that deadlines to file the proposed joint pretrial order has
expired (see ECF No. 274) and recommends the parties file a stipulation advising District Judge
Miranda M. Du of the parties’ inadvertent oversight for the submission of a joint proposed
pretrial order and request an extension of time as to the proposed order deadline and trial date.

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Minutes of Proceedings
3:06-cv-00715-MMD-WGC
May 3, 2017
There being no additional matters to address at this time, court adjourns at 9:44 a.m.

DEBRA K. KEMPI, CLERK OF COURT
By:

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/s/
Katie Lynn Ogden, Deputy Clerk