Lyons v. Bisbee et al

Filing 186

ORDER GRANTING 182 Motion for Settlement Conference; and deferral of the submission of a Pretrial Order is appropriate. The courtroom administrator is requested to arrange the logistics for a mediation. The court will conduct a telephonic status c onference to address the issue of a limited appointment of counsel Mr. Lyons may select herein. The courtroom administrator is requested to schedule the telephonic status conference. Signed by Magistrate Judge William G. Cobb on 12/6/2011. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
PHILLIP J. LYONS,

)
)
Plaintiff,
)
)
vs.
)
)
CONNIE BISBEE, et al.,
)
)
Defendants.
)
____________________________
)

3:07-cv-00460-LRH (WGC)
MINUTES OF THE COURT
December 6, 2011

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

JENNIFER COTTER

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
On October 21, 2011, the Honorable Larry R. Hicks entered a minute order in
chambers (Doc. #181) directing the parties to file a joint or separate status report(s).
Plaintiff filed a status report on November 16, 2011 (Doc. #184) and the defendants filed
a status report on November 21, 2011 (Doc. #185).
The court earlier addressed the dispositive motion of defendants (Defendants’
Motion for Summary Judgment, Doc. #161). In its Order of June 9, 2011 (Doc. #179), the
court adopted and accepted the Report and Recommendation of the United States
Magistrate Judge (Doc. #173). Summary judgment was granted as to Counts I, II, VI, VII,
VIII, IX and XI of plaintiff’s complaint; summary judgment was denied as to Counts III, IV,
V and X (Doc. #179). Therefore, it appears that a proposed pretrial order should be
prepared and submitted herein.
However, plaintiff has filed a Motion for Settlement Conference (Doc. #182) wherein
plaintiff represents that “...negotiations at this time may very well lead to the resolution of
the remaining claims in this case... .” The defendants do not oppose the concept of a
settlement conference and agree to make plaintiff available by video. (Doc. #183).
Therefore, deferral of the submission of a Pretrial Order appears appropriate and plaintiff’s
motion for a settlement conference is GRANTED. The courtroom administrator is
requested to arrange the logistics for a mediation.

MINUTES OF THE COURT
3:07-cv-00460-LRH (WGC)
Date: December 6, 2011
Page 2

The last issue is whether plaintiff may have an attorney present to advise and assist
him throughout the settlement conference proceedings. Plaintiff identifies a Travis Barrick
of Las Vegas, Nevada, as one who might advise and assist him and requests leave to have
his assistance at mediation (Doc. #182, p. 2). The defendants oppose Mr. Barrick assisting
plaintiff (or whatever attorney plaintiff might retain) unless and until counsel has filed a
Notice of Substitution and agrees herein (Doc. #182). Although as defendants argue
plaintiff “has proven to be capable/competent in representing himself to date,” (id, p. 2),
the court believes involvement of counsel on behalf of Mr. Lyons may be beneficial and
productive to the mediation process. Therefore, the court will conduct a telephonic status
conference to address the issue of a limited appointment of counsel Mr. Lyons may select
herein.
The courtroom administrator is requested to schedule the telephonic status
conference.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk