Trost v. Cox et al

Filing 98

MINUTES OF PROCEEDINGS - Status Conference held on 3/1/2017 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Margaret McLetchie (Telephonically); Def Counsel: Erin Albright (Telephonicall y); Recorder: FTR; Recording start and end times: 1:32:04 p.m. - 1:58:33 p.m.; Courtroom: 2. Plaintiff's 87 "Motion for Request of Mediation Meeting" is GRANTED. The court sets an inmate med iation for Tuesday, 4/18/2017 at 1:30 p.m. Plaintiff's 55 "Motion for a Temporary Restraining Order" and Plaintiff's 56 "Motion for a Preliminary Injunction" are DENIED w ithout prejudice. Defendants' motions for leave to file confidential documents under seal (ECF Nos. 60 , 64 and 93 ) are GRANTED. The following scheduling order is established: Discovery Cut-Off: Friday, 9/15/20 17; Interim Status Report: Friday, 7/14/2017; Dispositive Motion(s): Friday, 10/20/2017; Proposed Joint Pretrial Order: Friday, 11/17/2017. See attached order for additional deadlines. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - KO)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ROY TROST
aka Daisy Meadows,

)
)
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Plaintiff,
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vs.
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GREG COX, et al.,
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Defendants.
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___________________________________ )

Case No. 3:14-cv-00611-MMD-WGC
MINUTES OF PROCEEDINGS

March 1, 2017

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

Katie Lynn Ogden

COUNSEL FOR PLAINTIFFS:

REPORTER:

FTR

Margaret A. McLetchie (Telephonically)

COUNSEL FOR DEFENDANTS:

Erin L. Albright (Telephonically)

MINUTES OF PROCEEDINGS: Status Conference
1:32 p.m. Court convenes.
Before the court, which the court addresses at today’s hearing, is Plaintiff’s “Motion for
Request of Mediation Meeting” (ECF No. 87), which was filed by Plaintiff in pro per prior to the
appointment of pro bono counsel Margaret A. McLetchie, Esq. (ECF No. 97.) Ms. McLetchie
indicates although she was just recently appointed as counsel in this case and has not completed
her review of the documents filed in the case, she is in favor of participating in a mediation with
her client. The court notes the Defendants filed a non opposition to Plaintiff’s request for a
mediation soon after the motion was filed (ECF No. 89).
In view of the parties’ consensus to schedule a mediation, Plaintiff’s motion for a
mediation (ECF No. 87) is GRANTED. The court sets an inmate mediation for Tuesday,
4/18/2017 at 1:30 p.m. The court will reach out to Mary Dugan, Esq., who was the assigned
mediator during the previous mediation attempt in October 2016 (ECF No. 44), to inquire
whether or not she is available. Defendants have no objection to the court assigning Ms. Dugan;
however, Plaintiff’s counsel asks that she be allowed to confer with her client first before
agreeing with the assignment of Ms. Dugan as the mediator. The court states it will tentatively
assign Ms. Dugan as the mediator for this conference; however, should Plaintiff oppose the
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Minutes of Proceedings
3:14-cv-00611-MMD-WGC
March 1, 2017
assignment of Ms. Dugan, Ms. McLetchie shall advise Ms. Ogden and an alternative mediator
will be reassigned promptly.
Ms. McLetchie advises the court that Plaintiff anticipates filing an amended complaint in
this action. Ms. McLetchie states she intends to draft the amended complaint and thereafter
provide defense counsel a chance to review the amended complaint. If there are objections to the
content of the amended complaint and counsel are unable to resolve any dispute, Ms. McLetchie
will file a motion with the court seeking leave to amend. The court agrees this is an acceptable
approach to submitting the anticipated amended complaint.
In view of Plaintiff’s intention to pursue a third amended complaint, and with the consent
of counsel, Plaintiff’s “Motion for a Temporary Restraining Order” (ECF No. 55) and Plaintiff’s
“Motion for a Preliminary Injunction” (ECF No. 56) are DENIED without prejudice.
The court next addresses several motions to seal medical records. The court finds there
are compelling reasons to seal medical records, especially for the unique nature of this case.
Therefore, Defendants’ “Motion for Leave to File Confidential Documents Under Seal in
Support of Opposition to Motion for Preliminary Injunction” (ECF No. 60), Defendants’
“Motion for Leave to File Confidential Documents Under Seal in Support of Opposition to
Motion for Temporary Restraining Order” (ECF No. 64) and Defendants’ “Motion for Leave to
File Confidential Documents Under Seal in Support of Defendants’ Opposition to (Second)
Motion for Preliminary Injunction” (ECF No. 93) are GRANTED.
The court next establishes a scheduling order and the following deadlines are set forth:
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Discovery Cut-Off: Friday, 9/15/2017;

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Amending Pleadings and Adding Parties: Friday, 6/16/2017;

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Disclosure of Experts: Friday, 6/16/2017;

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Rebuttal Experts: Friday, 7/28/2017;

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Interim Status Report: Friday, 7/14/2017;

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Dispositive Motion(s): Friday, 10/20/2017; and

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Minutes of Proceedings
3:14-cv-00611-MMD-WGC
March 1, 2017
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Proposed Joint Pretrial Order: Friday, 11/17/2017. In the even dispositive
motions are filed, the deadline to file a joint pretrial order is suspended
thrity (30) days until after decision on the dispositive motions or further
court order.

There being no additional matters to address at this time, court adjourns at 1:58 p.m.

DEBRA K. KEMPI, CLERK OF COURT
By:

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/s/
Katie Lynn Ogden, Deputy Clerk