Johnson v. Nguyen et al

Filing 180

MINUTES OF PROCEEDINGS - Motion(s) Hearing held on 12/5/2016 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Lausteveion Johnson (Present); Def Counsel: Heather Zana (Present); Recor der: FTR; Recording start and end times: 2:07:50 p.m. - 2:12:28 p.m.; Courtroom: 2. The court is advised the parties have reached a settlement agreement, which includes two additional cases: Johnson v. Ely State Prison, et a l (3:14-cv-00122-MMD-WGC) and Johnson v. Moore, et al (3:14-cv-303-MMD-VPC). In view of the settlement reached between the parties, the following motions are DENIED as moot: Plaintiff's 156 Motion for Limited Discovery ; Plaintiff's 157 Writ of Habeas Corpus Ad Testificandum; Plaintiff's 161 Motion to Reopen Discovery; Plaintiff's 165 Motion to Reopen Discovery; and Plaintiff's Motion for Writ of Habeas Corpus Ad Testificandum (filed in Case No. 3:14-cv-122-MMD-WGC, ECF No. 103). DAG Zana agrees to submit the appropriate documents to dismiss the cases within seven (7) to ten (10) days. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LAUSTEVEION JOHNSON, ) ) Plaintiff, ) ) vs. ) ) A. NGUYEN, et al., ) ) Defendants. ) ___________________________________ ) 3:12-cv-00538-MMD-WGC MINUTES OF PROCEEDINGS December 5, 2016 PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE DEPUTY CLERK: Katie Lynn Ogden REPORTER: FTR COUNSEL FOR PLAINTIFF: Lausteveion Johnson (Present) COUNSEL FOR DEFENDANTS: Heather Zana (Present) MINUTES OF PROCEEDINGS: Motions Hearing 2:07 p.m. Court convenes. The court holds today’s conference to address several motions filed by Plaintiff in the instant matter and one motion filed in a separate case (Case No. 3:14-cv-00122-MMD-WGC Johnson v. Ely State Prison, et al). The motions to be addressed during today’s conference with regard to the instant case are: Plaintiff’s Motion for Limited Discovery (ECF No. 156); Plaintiff’s Writ of Habeas Corpus Ad Testificandum (ECF No. 157); Plaintiff’s Motion for Appointment of Counsel (ECF No. 161) and Plaintiff’s Motion to Reopen Discovery (ECF No. 165). The motion filed in the separate case is Plaintiff’s Motion for Writ of Habeas Corpus Ad Testificandum (ECF No. 103). Before the court and parties address the motions, DAG Zana advises the court that the Defendants and Mr. Johnson have reached an agreement to settle the following cases: 1.) Case No. 3:12-cv-538-MMD-WGC - Johnson v. Nguyen, et al; 2.) Case No. 3:14-cv-122-MMD-WGC - Johnson v. Ely State Prison, et al; and 1 Minutes of Proceedings 3:12-cv-00538-MMD-WGC December 5, 2016 3.) Case No. 3:14-cv-303-MMD-VPC - Johnson v. Moore, et al. DAG Zana further indicates that the member case (Case No. 3:14-cv-00213-MMD-WGC - Johnson v. Cox, et al), which was consolidated into the lead case Johnson v. Nguyen, et al., is included as part of the settlement agreement reached between the parties. Mr. Johnson confirms the parties have reached a settlement in the three stated cases. In view of the settlement agreement reached between all Defendants and Mr. Johnson, Plaintiff’s motions identified above are DENIED as moot. The court is further advised that trial will proceed in Case No. 3:14-cv-00178-RCJ-VPC Johnson v. Young, et al on Monday, December 12, 2016. DAG Zana agrees to submit the appropriate documents to dismiss the cases within seven (7) to ten (10) days. There being no additional matter to address at this time, court adjourns at 2:12 p.m. LANCE S. WILSON, CLERK By: 2 /s/ Katie Lynn Ogden, Deputy Clerk

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