Rowell v. Dzurenda et al

Filing 14

ORDER that pursuant to Screening Order ECF No. 8 , this case to proceed against Dr. Adamson; case STAYED 90 days to allow parties to settle their dispute before filing fee is paid; AG to file report form re 90 day stay results on or before 7/02/2018; if case does not settle, plaintiff will be required to pay the full filing fee; if party seeks exclusion from inmate mediation program, party must file a motion to exclude case from mediation by 4/24/2018; directing Clerk to el ectronically SERVE copy of this order, original screening order ECF No. 8 and Plaintiff's Complaint ECF No. 9 on AG (e-service of order and NEF regeneration of ECF No. 8 / 9 on 4/03/2018); directing AG to advise Court by 4/24/201 8 whether it will enter a limited notice of appearance on behalf of Defendants for purpose of settlement. See order for further details and information. Signed by Magistrate Judge William G. Cobb on 4/3/2018. (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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Plaintiff,
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v.
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JAMES E. DZURENDA, et al.,
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Defendants.
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___________________________________ )

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I.

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LAMARR ROWELL

Case No. 3:17-cv-00307-RCJ-WGC

ORDER

DISCUSSION

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On March 27, 2018, the Court issued a screening order permitting an Eighth

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Amendment claim for deliberate indifference to medical needs to proceed against Defendant

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Adamson based only on the cancellation of a medical low-sodium diet and dismissing the

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remainder of the complaint without prejudice and with leave to amend. (ECF No. 8 at 10-11).

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The Court granted Plaintiff 30 days from the date of that order to file an amended complaint

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curing the deficiencies of the complaint. (Id. at 15). The Court specifically stated that if

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Plaintiff chose not to file an amended complaint, the action would proceed only against Dr.

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Adamson on the Eighth Amendment claim regarding the low-sodium diet. (ECF No. 8 at 15).

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Plaintiff has chosen not to file an amended complaint. (ECF No. 13). Therefore, pursuant to

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the screening order, this action shall proceed against Dr. Adamson on the Eighth Amendment

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claim regarding the low-sodium diet.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that, pursuant to the Court’s screening

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order (ECF No. 8), this action shall proceed against Dr. Adamson on the Eighth Amendment

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claim regarding the low-sodium diet.

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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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Defendant(s) an opportunity to settle their dispute before the $350.00 filing fee is paid, an

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answer is filed, or the discovery process begins. During this ninety-day stay period, no other

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pleadings or papers shall be filed in this case, and the parties shall not engage in any

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discovery. The Court will refer this case to the Court’s Inmate Early Mediation Program, and

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the Court will enter a subsequent order. Regardless, on or before ninety (90) days from the

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

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

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entered prior to the end of the 90-day stay. If the parties proceed with this action, the Court

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will then issue an order setting a date for Defendants to file an answer or other response.

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Following the filing of an answer, the Court will issue a scheduling order setting discovery and

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dispositive motion 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 if the case does not settle, Plaintiff will be required to

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pay the full $350.00 filing fee. This fee cannot be waived. If Plaintiff is allowed to proceed in

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forma pauperis, the fee will be paid in installments from his prison trust account. 28 U.S.C.

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§ 1915(b). If Plaintiff is not allowed to proceed in forma pauperis, the $350.00 will be due

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immediately.

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IT IS FURTHER ORDERED that if any party seeks to have this case excluded from the

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inmate mediation program, that party shall file a “motion to exclude case from mediation” on

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or before twenty-one (21) days from the date of this order. The responding party shall have

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seven (7) days to file a response. No reply shall be filed. Thereafter, the Court will issue an

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order, set the matter for hearing, or both.

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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, the original screening order (ECF No. 8) and a copy of Plaintiff’s complaint

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(ECF No. 9) on the Office of the Attorney General of the State of Nevada, by adding the

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Attorney General of the State of Nevada to the docket sheet. This does not indicate

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acceptance of service.

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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.
DATED: April 3, 2018.

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_________________________________
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAMARR ROWELL,

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Plaintiff,

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Case No. 3:17-cv-00307-RCJ-WGC

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v.

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REPORT OF ATTORNEY GENERAL

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RE: RESULTS OF 90-DAY STAY

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JAMES E. DZURENDA, et al.,
Defendants.

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___________________________________ )

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NOTE: ONLY THE OFFICE OF THE ATTORNEY GENERAL SHALL FILE THIS FORM. THE

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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 the

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Office of the Attorney General of the State of Nevada to file a report ninety (90) days after the
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date of the entry of the Court’s screening order to indicate the status of the case at the end

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of the 90-day stay. By filing this form, the Office of the Attorney General hereby complies.

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REPORT FORM

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[Identify which of the following two situations (identified in bold type) describes the case, and

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follow the instructions corresponding to the proper statement.]

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Situation One: Mediated Case: The case was assigned to mediation by a court-

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appointed mediator during the 90-day stay. [If this statement is accurate, check ONE of

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the six statements below and fill in any additional information as required, then proceed to the

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signature block.]

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____ A mediation session with a court-appointed mediator was held on

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_______________ [enter date], and as of this date, the parties have reached a

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settlement (even if paperwork to memorialize the settlement remains to be

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completed). (If this box is checked, the parties are on notice that they must

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SEPARATELY file either a contemporaneous stipulation of dismissal or a motion

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requesting that the Court continue the stay in the case until a specified date

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upon which they will file a stipulation of dismissal.)

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____ A mediation session with a court-appointed mediator was held on

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________________ [enter date], and as of this date, the parties have not

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reached a settlement. The Office of the Attorney General therefore informs the

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Court of its intent to proceed with this action.

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____ No mediation session with a court-appointed mediator was held during the 90-

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day stay, but the parties have nevertheless settled the case. (If this box is

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checked, the parties are on notice that they must SEPARATELY file a

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contemporaneous stipulation of dismissal or a motion requesting that the Court
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continue the stay in this case until a specified date upon which they will file a

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stipulation of dismissal.)

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____ No mediation session with a court-appointed mediator was held during the 90day 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-

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day stay, and as of this date, no date certain has been scheduled for such a

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session.

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____ None of the above five statements describes the status of this case.

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Contemporaneously with the filing of this report, the Office of the Attorney

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General of the State of Nevada is filing a separate document detailing the status

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of this case.

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*****

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Situation Two: Informal Settlement Discussions Case: The case was NOT assigned to

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mediation with a court-appointed mediator during the 90-day stay; rather, the parties

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were encouraged to engage in informal settlement negotiations. [If this statement is

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accurate, check ONE of the four statements below and fill in any additional information as

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required, then proceed to the signature block.]

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____ The parties engaged in settlement discussions and as of this date, the parties

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have reached a settlement (even if the paperwork to memorialize the settlement

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remains to be completed). (If this box is checked, the parties are on notice that

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they must SEPARATELY file either a contemporaneous stipulation of dismissal

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or a motion requesting that the Court continue the stay in this case until a

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specified date upon which they will file a stipulation of dismissal.)
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____ The parties engaged in settlement discussions and as of this date, the parties

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have not reached a settlement. The Office of the Attorney General therefore

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informs the Court of its intent to proceed with this action.

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____ The parties have not engaged in settlement discussions and as of this date, the

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parties have not reached a settlement. The Office of the Attorney General

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therefore informs the Court of its intent to proceed with this action.

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____ None of the above three statements fully describes the status of this case.

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Contemporaneously with the filing of this report, the Office of the Attorney

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General of the State of Nevada is filing a separate document detailing the status

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of this case.

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Submitted this _______ day of __________________, ______ by:

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Attorney Name: ________________________

_____________________________

Print

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Signature

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Address:

________________________________

Phone:
________________________

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________________________________

Email:
________________________

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