Collins v. Collins et al
Filing
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ORDER the Plaintiff's Motion to Exclude Case from Mediation Program and Issue a Scheduling Order ECF No. 22 is DENIED. Signed by Magistrate Judge William G. Cobb on 10/13/2017. (Copies have been distributed pursuant to the NEF - KW)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RONALD COLLINS,
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Plaintiff,
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vs.
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JOSHUA COLLINS, et al.,
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Defendants.
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______________________________________)
3:16-cv-00111-MMD-WGC
ORDER
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Before the court is Plaintiff’s Motion to Exclude Case from Mediation Program and Issue a
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Scheduling Order (ECF No. 22). Plaintiff requests his case be exempt from the mediation program
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because “this case can not [sic] be settled when the Defendants keep ignoring the Plaintiff’s medical
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conditions for which they in fact caused by their actions and their failure to act.” (ECF No. 22 at 2, 3.)
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The history of this case reflects the court screened Plaintiff’s amended complaint and Plaintiff
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was allowed to proceed with the following claims: (1) In Count I, an Eighth Amendment claim for
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deliberate indifference to serious medical needs against defendant Collins based on allegations that
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Collins withheld Plaintiff’s lunches for a week at a time; (2) In Count I, a retaliation claim against
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defendant Collins based on allegations that Collins injured Plaintiff’s arm and filed false charges against
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him when he asked for a grievance, and then told him he hoped Plaintiff learned his complaints would
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get him nowhere; (3) In Count I, an excessive force claim against defendant Collins based on allegations
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that after he asked for a grievance, Collins injured his arm; (4) In Count II, an excessive force claim
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against defendant Hightower; (5) In Count III, an Eighth Amendment deliberate indifference claim
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related to a growth on Plaintiff’s hand against Dr. Gedney, Dr. Mar and Dr. Aranas; (6) In Count III, an
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Eighth Amendment deliberate indifference claim related to treatment of his back which resulted in nerve
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damage and a “drop foot” against defendants Dr. Gedney, Dr. Mar and Dr. Aranas; and (7) In Count IV,
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due process claims against Rexwinkle, LeGrand, McDaniel, Baca, Deal, Walsh, Irvin, Foster and
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Skulstad. (Screening Orders, ECF Nos. 8, 19.)
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The court ordered a ninety-day stay on further filings and directed the parties to participate in a
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settlement conference. The court indicated it would refer the case to the court’s Inmate Early Mediation
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Program. In the meantime, Plaintiff’s obligation to pay the $350.00 filing fee, either in full or in
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installments if Plaintiff was granted in forma pauperis status, was stayed. (ECF No. 19.)
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The court’s screening order, however, allowed a party to seek to remove the case from the inmate
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mediation program. (Id. at 9.) Plaintiff filed a timely request to exclude the case from the Inmate
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Mediation Program. Plaintiff’s rationale is that because “this case can not [sic] be settled when the
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Defendants keep ignoring the Plaintiff’s medical conditions for which they in fact caused by their actions
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and their failure to act.” (ECF No. 22 at 2, 3.)
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In the court’s extensive experience with the mediation and settlement conference process, parties
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would frequently express pessimism that their case had any chance of settlement. Yet, on numerous
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occasions, the parties were indeed able to come to an accord and successfully resolved their dispute.
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Certainly not all of the “unsettle-able” cases settled, but many do. One fact that is fairly undisputable is
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that if the parties do not at least undertake a settlement dialogue, the case will most definitely not settle.
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Even if a case does not settle, there is nevertheless a benefit to the parties by exploring and
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addressing the strengths and weaknesses of their claims and defenses. From the perspective of the
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governmental defendants, the discussions may shed light on potentially errant policies, decisions,
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procedures or activities and possibly allow corrective action to be undertaken. And from the standpoint
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of an inmate Plaintiff, he may be educated about the technical nuances of § 1983 litigation which may
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cause him to re-evaluate the propriety of his claims. In either event, it cannot be overlooked that an early
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settlement of an inmate’s case allows him to avoid immediately incurring the expense of the $350.00
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filing fee which would otherwise have to be paid to the court if the case were to proceed in the absence
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of mediation.
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Therefore, to further the interests of justice, this matter will proceed to the Inmate Early
Mediation Program in accordance with the court’s screening order (ECF No. 19).
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Plaintiff’s Motion to Exclude Case from Mediation Program and Issue a Scheduling Order
(ECF No. 22) is DENIED.
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IT IS SO ORDERED.
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DATED: October 13, 2017.
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____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE
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