Cross v. Jaeger et al

Filing 364

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 12/19/2016, denying as moot Plaintiff's ECF No. 356 Emergency Motion; vacating the hearing set for 12/21/2016 at 9:00 AM and directing the AG to so notify Ely State Prison. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ANTHONY CROSS,

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)
Plaintiff,
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vs.
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RON JAEGER,
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Defendant.
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___________________________________ )

3:13-cv-00433-MMD-WGC
MINUTES OF THE COURT
December 19, 2016

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

KATIE OGDEN

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 “Emergency Motion Requesting Court Order Directing the
NDOC Officials to Preserve Inmate Anthony Medel’s #1029953 Disciplinary Hearing” (ECF No.
356). Although Defendant has filed what is styled an “Opposition” to Plaintiff’s motion,
Defendant’s counsel has indicated that “the Attorney General’s Office has contacted the NDOC and
requested that a litigation hold be placed on inmate Anthony Medel’s file.” (ECF No. 363 at 2).
Defendant’s counsel further represents that “[i]n addition to requesting that a litigation hold be
placed on the file, the Attorney General’s Office has requested the specific disciplinary hearing
documents and grievances be retrieved from storage and sent to counsel.” (ECF No. 363 at 2).
In view of counsel’s representations, Plaintiff’s motion (ECF No. 356) is therefore DENIED
as moot. The hearing scheduled on Wednesday, December 21, 2016 at 9:00 a.m. is VACATED.
The Office of the Attorney General shall notify Ely State Prison of this ruling.
Although Defendant though his counsel has indicated a willingness to preserve the
documents identified by Plaintiff in his motion, Defendant challenges the relevancy of those
materials (ECF No. 363 at 2-3). The court is not at this time addressing the relevancy or admissibility
of these documents; that is a matter reserved for District Judge Miranda M. Du with respect to the
trial of this matter.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk