Gadsden et al v. Carpenter et al

Filing 8

ORDER Amending 4 Screening Order. Signed by Judge Edward C. Reed, Jr on 3/20/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHIOKE GADSDEN and
NATHAN PETERSON,

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Plaintiffs,
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vs.
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T. CARPENTER, et al.,
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Defendants.
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3:12-cv-00098-ECR-VPC
ORDER

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Plaintiffs, who are prisoners in the custody of the Nevada Department of Corrections, filed a
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complaint in state court, which defendants have removed. On March 15, 2012, this Court entered an
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order screening the complaint. (ECF No. 4). The second paragraph of the conclusion of the March
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15, 2012 screening order is amended to reflect the following:
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IT IS FURTHER ORDERED as follows:
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1.

Given the nature of the claims that the court has permitted to proceed, this action is

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STAYED for ninety (90) days to allow plaintiff and defendant(s) an opportunity to
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settle their dispute before an answer is filed or the discovery process begins. During
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this ninety-day stay period, no other pleadings or papers shall be filed in this case, and
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the parties shall not engage in any discovery. The court will decide whether this case
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will be referred to the court’s Inmate Early Mediation Program, and the court will

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enter a subsequent order. Regardless, on or before ninety (90) days from the date this

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order is entered, the Office of the Attorney General shall file the report form attached

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to the March 15, 2012 order regarding the results of the 90-day stay, even if a

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stipulation for dismissal is entered prior the end of the 90-day stay. If the parties

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proceed with this action, the court will then issue an order setting a date for the

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defendants to file an answer or other response. Following the filing of an answer, the

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

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2.

“Settlement” may or may not include payment of money damages. It also may or may

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not include an agreement to resolve plaintiff’s issues differently. A compromise

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agreement is one in which neither party is completely satisfied with the result, but

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both have given something up and both have obtained something in return.

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Dated this 20th day of March, 2012.

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UNITED STATES DISTRICT JUDGE
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