Manley v. State of Nevada et al

Filing 27

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 3/28/2012. IT IS ORDERED that plaintiff's 21 motion is denied as moot. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CHARLES MANLEY, JR. ) ) Plaintiff, ) vs. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) ___________________________________ ) 3:11-cv-00636-RCJ-WGC MINUTES OF THE COURT March 28, 2012 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: Before the court is “Plaintiff’s Motion for Court Order for Evidence/Discovery Used by the Attorney General During Informal Settlement” (Doc. #21). Defendants have opposed plaintiff’s motion (Doc. #23). No reply has been submitted by plaintiff and the matter is ripe for a decision. Defendants correctly note in their opposition that a party may not seek discovery from any source before the parties have conferred as required by Rule 26(f) unless exempted or by stipulation or court order. (Doc. #23 at 2.) However, following defendants’ filing of an Answer (Doc. #24), the Court issued its Scheduling Order (Doc. 25) on March 27, 2012, allowing discovery to commence and details, among others, the deadline for completion of discovery. The parties may now proceed with discovery. As a caveat, however, a discovery request seeking production of “documents utilized during a settlement conference” would be inappropriate. What went on, was discussed or referred to at a settlement conference is confidential. On the other hand, because a party may have reviewed or relied on certain evidence for purposes of preparing for a settlement conference (which is legitimate) does not mean such evidence is not discoverable. Plaintiff (or any party) may seek production of any non-privileged document which is relevant to any party’s claim or defense or reasonably calculated to lead to the discovery of admissible evidence. Fed. R. Civ. P. 26(b)(1). Plaintiff’s Motion (Doc. #21) is therefore denied as moot. IT IS SO ORDERED. LANCE S. WILSON, CLERK By: /s/ Deputy Clerk

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