Coleman v. Robinson et al
Filing
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ORDER that pursuant to ECF No. 3 Screening Order, this case to proceed against Defendants Robinson, Rynerson, Johnson, Kelly and Haskell; case STAYED 90 days to allow parties to settle their dispute before filing fee is paid; AG to file rep ort form re 90 day stay results on or before 8/22/2018; if party seeks exclusion from inmate mediation program, party must file a motion to exclude case from mediation by 6/14/2018; directing Clerk to electronically SERVE copy of this o rder, original screening order ECF No. 3 and Plaintiff's Complaint ECF No. 4 on AG (e-service of order and NEF regeneration of ECF No. 3 / 4 on 5/24/2018); directing AG to advise Court by 6/14/2018 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 5/24/2018. (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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***
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STEVE COLEMAN,
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Case No. 3:17-cv-00310-MMD-WGC
Plaintiff,
ORDER
v.
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ROBINSON, et al.,
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Defendants.
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I.
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DISCUSSION
On April 18, 2018, the Court issued a screening order dismissing the Fourteenth
Amendment equal protection claim with leave to amend and permitting the Eighth
Amendment claim to proceed. (ECF No. 3 at 9). The Court granted Plaintiff 30 days from
the date of that order to file an amended complaint curing the deficiencies of the
Fourteenth Amendment equal protection claim. (Id.) The Court specifically stated that if
Plaintiff chose not to file an amended complaint, the action would proceed on the Eighth
Amendment claim against Defendants Robinson, Rynerson, Johnson, Kelly, and Haskell.
Plaintiff has not filed an amended complaint. (Id. at 10). Plaintiff has not filed an amended
complaint. Therefore, pursuant to the screening order, this action shall proceed on the
Eighth Amendment claim against Defendants Robinson, Rynerson, Johnson, Kelly, and
Haskell.
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II.
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For the foregoing reasons, it is ordered that, pursuant to the Court’s screening
order (ECF No. 3), this action shall proceed on the Eighth Amendment claim against
Defendants Robinson, Rynerson, Johnson, Kelly, and Haskell. Plaintiff has not filed an
amended complaint.
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It is further ordered that given the nature of the claim(s) that the Court has
permitted to proceed, this action is STAYED for ninety (90) days to allow Plaintiff and
Defendant(s) an opportunity to settle their dispute before the $350.00 filing fee is paid, an
answer is filed, or the discovery process begins. During this ninety-day stay period, no
other pleadings or papers shall be filed in this case, and the parties shall not engage in
any discovery. The Court will refer this case to the Court’s Inmate Early Mediation
Program, and the Court will enter a subsequent order. Regardless, on or before ninety
(90) days from the date this order is entered, the Office of the Attorney General shall file
the report form attached to this order regarding the results of the 90-day stay, even if a
stipulation for dismissal is entered prior to the end of the 90-day stay. If the parties
proceed with this action, the Court will then issue an order setting a date for Defendants
to file an answer or other response. Following the filing of an answer, the Court will issue
a scheduling order setting discovery and dispositive motion deadlines.
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CONCLUSION
It is further ordered that “settlement” may or may not include payment of money
damages. It also may or may not include an agreement to resolve Plaintiff’s issues
differently. A compromise agreement is one in which neither party is completely satisfied
with the result, but both have given something up and both have obtained something in
return.
It is further ordered that if the case does not settle, Plaintiff will be required to pay
the full $350.00 filing fee. This fee cannot be waived. If Plaintiff is allowed to proceed in
forma pauperis, the fee will be paid in installments from his prison trust account. 28
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U.S.C. § 1915(b). If Plaintiff is not allowed to proceed in forma pauperis, the $350.00 will
be due immediately.
It is further ordered that if any party seeks to have this case excluded from the
inmate mediation program, that party shall file a “motion to exclude case from mediation”
on or before twenty-one (21) days from the date of this order. The responding party shall
have seven (7) days to file a response. No reply shall be filed. Thereafter, the Court will
issue an order, set the matter for hearing, or both.
It is further ordered that the Clerk of the Court shall electronically SERVE a copy
of this order, the original screening order (ECF No. 3), and a copy of Plaintiff’s complaint
(ECF No. 4) on the Office of the Attorney General of the State of Nevada, by adding the
Attorney General of the State of Nevada to the docket sheet. This does not indicate
acceptance of service.
It is further ordered that the Attorney General’s Office shall advise the Court within
twenty-one (21) days of the date of the entry of this order whether it will enter a limited
notice of appearance on behalf of Defendants for the purpose of settlement. No defenses
or objections, including lack of service, shall be waived as a result of the filing of the
limited notice of appearance.
DATED: May 24, 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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STEVE COLEMAN,
Plaintiff,
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ROBINSON, et al.,
Defendants.
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REPORT OF ATTORNEY GENERAL
RE: RESULTS OF 90-DAY STAY
v.
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Case No. 3:17-cv-00310-MMD-WGC
NOTE: ONLY THE OFFICE OF THE ATTORNEY GENERAL SHALL FILE THIS FORM.
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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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.]
____ 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.)
____ 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.)
____ No mediation session with a court-appointed mediator was held during the
90-day stay, but one is currently scheduled for ________________ [enter
date].
____ 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.
____ 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.]
____ 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 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.
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____ 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.
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Submitted this _______ day of __________________, ______ by:
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Attorney Name: _______________________
Print
_________________________
Signature
Address:
Phone:
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______________________
___________________________
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______________________
Email:
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