Johnson v. Cox et al

Filing 6

ORDER directing that Counts I, III, and IV shall proceed as specified in 4 Screening Order; dismissing Count II with prejudice for failure to amend. This action is stayed for 90 days to allow opportunity to settle. The Clerk shall e-serve a copy of this order and the complaint on NV AG's Office Attn: Kat Howe (NEFs sent 7/16/2014). AG to advise court within 21 days regarding appearance (by 8/6/2014). See order for further details. Signed by Judge Robert C. Jones on 7/15/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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)
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Plaintiff,
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v.
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JAMES GREG COX et al.,
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Defendants.
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)
___________________________________ )

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I.

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LAUSTEVEION JOHNSON,

3:14-cv-213-RCJ-WGC
ORDER

DISCUSSION

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On May 29, 2014, this Court issued a screening order in this case permitting Counts

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I, III, and IV to proceed. (ECF No. 4 at 11). The Court granted Plaintiff thirty days to amend

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Count II. (Id.). The Court informed Plaintiff that if he chose not to file an amended complaint

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curing the deficiencies in Count II, the action would proceed on Counts I, III, and IV only. (Id.).

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Plaintiff has not filed an amended complaint. This action shall proceed on Counts I, III, and

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IV only.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Counts I, III, and IV shall proceed as

specified in this Court’s screening order (ECF No. 4).
IT IS FURTHER ORDERED that Count II is dismissed with prejudice for failure to
amend.

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IT IS FURTHER ORDERED that given the nature of the claim(s) that the Court has

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permitted to proceed, this action is STAYED for ninety (90) days to allow Plaintiff and

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Defendants an opportunity to settle their dispute before an answer is filed or the discovery
process begins. During this ninety-day stay period, no other pleadings or papers shall be filed

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in this case, and the parties shall not engage in any discovery. The Court will decide whether

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this case 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 order

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

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regarding the results of the 90-day stay, even if a stipulation for dismissal is entered prior to

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the end of the 90-day stay. If the parties proceed with this action, the Court will then issue an

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order setting a date for Defendants to file an answer or other response. Following the filing

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of an answer, the Court will issue a scheduling order setting discovery and dispositive motion

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deadlines.

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IT IS FURTHER ORDERED that “settlement” may or may not include payment of

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money damages. It also may or may not include an agreement to resolve Plaintiff’s issues

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differently. A compromise agreement is one in which neither party is completely satisfied with

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the result, but both have given something up and both have obtained something in return.

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IT IS FURTHER ORDERED that the Clerk of the Court shall electronically SERVE a

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copy of this order and a copy of Plaintiff’s complaint on the Office of the Attorney General of

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the State of Nevada, attention Kat Howe.

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IT IS FURTHER ORDERED that the Attorney General’s Office shall advise the Court

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within twenty-one (21) days of the date of the entry of this order whether it will enter a limited

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notice of appearance on behalf of Defendants for the purpose of settlement. No defenses or

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objections, including lack of service, shall be waived as a result of the filing of the limited notice

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of appearance.

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Dated: This 15th day of July, 2014.
DATED: This _____ day of July, 2014.

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_________________________________
United States District Judge

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LAUSTEVEION JOHNSON,
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)
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Plaintiff,
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v.
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JAMES GREG COX et al.,
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Defendants.
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___________________________________ )

3:14-cv-213-RCJ-WGC
REPORT OF ATTORNEY GENERAL
RE: RESULTS OF 90-DAY STAY

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NOTE: ONLY THE OFFICE OF THE ATTORNEY GENERAL SHALL FILE THIS FORM.
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THE INMATE PLAINTIFF SHALL NOT FILE THIS FORM.
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On ________________ [the date of the issuance of the screening order], the Court
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issued its screening order stating that it had conducted its screening pursuant to 28 U.S.C.
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§ 1915A, and that certain specified claims in this case would proceed. The Court ordered
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the Office of the Attorney General of the State of Nevada to file a report ninety (90) days
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after the date of the entry of the Court’s screening order to indicate the status of the case
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at the end of the 90-day stay. By filing this form, the Office of the Attorney General hereby
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complies.
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///
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///
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///
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///
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REPORT FORM
[Identify which of the following two situations (identified in bold type) describes the case,
and follow the instructions corresponding to the proper statement.]
Situation One: Mediated Case: The case was assigned to mediation by a courtappointed mediator during the 90-day stay. [If this statement is accurate, check ONE of
the six statements below and fill in any additional information as required, then proceed to
the signature block.]

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____ A mediation session with a court-appointed mediator was held on
_______________ [enter date], and as of this date, the parties have reached
a settlement (even if paperwork to memorialize the settlement remains to be
completed). (If this box is checked, the parties are on notice that they must
SEPARATELY file either a contemporaneous stipulation of dismissal or a
motion requesting that the Court continue the stay in the case until a
specified date upon which they will file a stipulation of dismissal.)

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____ A mediation session with a court-appointed mediator was held on
________________ [enter date], and as of this date, the parties have not
reached a settlement. The Office of the Attorney General therefore informs
the Court of its intent to proceed with this action.
____ No mediation session with a court-appointed mediator was held during the
90-day stay, but the parties have nevertheless settled the case. (If this box is
checked, the parties are on notice that they must SEPARATELY file a
contemporaneous stipulation of dismissal or a motion requesting that the
Court continue the stay in this case until a specified date upon which they will
file a stipulation of dismissal.)

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____ No mediation session with a court-appointed mediator was held during the
90-day stay, but one is currently scheduled for ________________ [enter
date].

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____ No mediation session with a court-appointed mediator was held during the
90-day stay, and as of this date, no date certain has been scheduled for such
a session.

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____ None of the above five statements describes the status of this case.
Contemporaneously with the filing of this report, the Office of the Attorney
General of the State of Nevada is filing a separate document detailing the
status of this case.
*****
Situation Two: Informal Settlement Discussions Case: The case was NOT assigned
to mediation with a court-appointed mediator during the 90-day stay; rather, the
parties were encouraged to engage in informal settlement negotiations. [If this
statement is accurate, check ONE of the four statements below and fill in any additional
information as required, then proceed to the signature block.]

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____ The parties engaged in settlement discussions and as of this date, the parties
have reached a settlement (even if the paperwork to memorialize the
settlement remains to be completed). (If this box is checked, the parties are
on notice that they must SEPARATELY file either a contemporaneous
stipulation of dismissal or a motion requesting that the Court continue the
stay in this case until a specified date upon which they will file a stipulation of
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dismissal.)

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____ The parties engaged in settlement discussions and as of this date, the parties
have not reached a settlement. The Office of the Attorney General therefore
informs the Court of its intent to proceed with this action.
____ The parties have not engaged in settlement discussions and as of this date,
the parties have not reached a settlement. The Office of the Attorney
General therefore informs the Court of its intent to proceed with this action.
____ None of the above three statements fully describes the status of this case.
Contemporaneously with the filing of this report, the Office of the Attorney
General of the State of Nevada is filing a separate document detailing the
status of this case.
Submitted this _______ day of __________________, ______ by:

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Attorney Name: ________________________
Print

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Address:

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_____________________________
Signature

________________________________

Phone:
________________________

________________________________

Email:
________________________

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