Brand v. Cox et al

Filing 117

ORDER - Clerk directed to e-serve NV AG with a copy of this order and a copy of ECF No. 107 Plaintiff's First Amended Complaint (E-service and NEF regenerated on 4/5/2019); service must be perfected by 7/3/2019; AG to advise Court by 4/26/2019 re acceptance of service and/or provide last-known-address information under seal; plaintiff to file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the def endant(s); answer/response due within 60 days for any defendants represented; henceforth, Plaintiff shall serve defendants copy of all pleadings and include certificate of service; this case is no longer stayed. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 4/4/2019. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 THOMAS BRAND, ) ) Plaintiff, ) ) vs. ) ) GREG COX, et al., ) ) Defendants. ) ______________________________________) 3:17-cv-00043-MMD-WGC ORDER 13 14 On January 3, 2019, the court imposed a 90-day stay and referred this case to the Court’s Inmate 15 Early Mediation Program. (ECF No. 111.) The Office of the Attorney General has filed a status report 16 indicating that settlement has not been reached and informing the court of its intent to proceed with this 17 action. (ECF No. 116.) 18 For the forgoing reasons, IT IS ORDERED that: 19 1. The Clerk of the Court shall electronically SERVE a copy of this order and a copy of 20 Plaintiff’s First Amended Complaint (ECF No. 107) on the Office of the Attorney General of the 21 State of Nevada by adding the Attorney General of the State of Nevada to the docket sheet. This does 22 not indicate acceptance of service. 23 24 25 2. Service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m). 3. Pursuant to District Judge Du’s Order (ECF No. 106), within twenty-one (21) days of the 26 date of entry of this order, the Attorney General’s Office shall file a notice advising the court and 27 Plaintiff of: (a) the names of the Defendants for whom it accepts service; (b) the names of the 28 Defendants for whom it does not accept service, and (c) the names of the Defendants for whom it is 1 filing the last-known-address information under seal. As to any of the named Defendants for whom the 2 Attorney General’s Office cannot accept service, the Office shall file, under seal, but shall not serve the 3 inmate Plaintiff the last known address(es) of those Defendant(s) for whom it has such information. If 4 the last known address of the Defendant(s) is a post office box, the Attorney General's Office shall 5 attempt to obtain and provide the last known physical address(es). 6 4. If service cannot be accepted for any of the named Defendant(s), Plaintiff shall file a 7 motion identifying the unserved Defendant(s), requesting issuance of a summons, and specifying a full 8 name and address for the Defendant(s). For the Defendant(s) as to which the Attorney General has not 9 provided last-known-address information, Plaintiff shall provide the full name and address for the 10 11 Defendant(s). 5. If the Attorney General accepts service of process for any named Defendant(s), such 12 Defendant(s) shall file and serve an answer or other response to the complaint within sixty (60) days 13 from the date of this order. 14 6. Henceforth, Plaintiff shall serve upon Defendant(s) or, if an appearance has been entered 15 by counsel, upon their attorney(s), a copy of every pleading, motion or other document submitted for 16 consideration by the court. Plaintiff shall include with the original document submitted for filing a 17 certificate stating the date that a true and correct copy of the document was mailed or electronically filed 18 to the defendants or counsel for the Defendants. If counsel has entered a notice of appearance, Plaintiff 19 shall direct service to the individual attorney named in the notice of appearance, at the physical or 20 electronic address stated therein. The court may disregard any document received by a District Judge or 21 Magistrate Judge which has not been filed with the Clerk, and any document received by a District 22 Judge, Magistrate Judge, or the Clerk which fails to include a certificate showing proper service. 23 7. This case is no longer stayed. 24 DATED: April 4, 2019. 25 26 ____________________________________ WILLIAM G. COBB UNITED STATES MAGISTRATE JUDGE 27 28 2

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