Friedman v. Baca et al

Filing 25

ORDER that Clerk shall electronically SERVE a copy of this order and a copy of ECF No. 16 Plaintiff's first amended complaint on AG (E-service and NEF regenerated on 7/18/2018); service must be perfected by 10/16/2018; AG to advise Co urt by 8/8/2018 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 t he defendant(s); answer/response due due within 60 days for any defendants represented; Plaintiff shall serve defendants copy of all pleadings and include certificate of service; this case is no longer stayed; the motion to strike (ECF No. 21 ) is < b>granted; Clerk shall strike Plaintiff's notice (ECF No. 19 ) from the docket. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 7/18/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KENNETH FRIEDMAN,

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Case No. 3:17-cv-00433-MMD-WGC
Plaintiff,

ORDER

v.
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ISIDRO BACA et al.,
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Defendants.
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This action is a pro se civil rights amended complaint filed pursuant to 42 U.S.C. §

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1983 by a state prisoner. Plaintiff paid the full filing fee in this matter. (ECF No. 4). The

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Court entered a screening order on March 27, 2018. (ECF No. 15). The screening order

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imposed a 90-day stay and the Court entered a subsequent order in which the parties

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were assigned to mediation by a court-appointed mediator. (ECF No. 15, 18). The Office

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of the Attorney General has filed a status report indicating that settlement has not been

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reached and informing the Court of its intent to proceed with this action. (ECF No. 23).

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Defendants have filed a motion to strike Plaintiff’s notice. (ECF No. 21). The Court

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grants the motion to strike. Five days after the Court scheduled the inmate mediation

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conference and three months before the actual mediation, Plaintiff filed a notice that

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Defendants had failed to meaningfully engage in the mediation. (ECF No. 19). The Court

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finds that this notice was premature and impertinent and strikes the notice. See Fed. R.

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Civ. P. 12(f) (stating that a court may strike impertinent matter from a pleading).

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IT IS THEREFORE ORDERED that:
1.

The Clerk of the Court shall electronically SERVE a copy of this order and

a copy of Plaintiff’s first amended complaint (ECF No. 16) 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.
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Service must be perfected within ninety (90) days from the date of this order

pursuant to Fed. R. Civ. P. 4(m).
3.

Subject to the findings of the screening order (ECF No. 15), within twenty-

one (21) days of the date of entry of this order, the Attorney General’s Office shall file a
notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it
accepts service; (b) the names of the defendants for whom it does not accept service,
and (c) the names of the defendants for whom it is filing the last-known-address
information under seal. As to any of the named defendants for whom the Attorney
General’s Office cannot accept service, the Office shall file, under seal, but shall not serve
the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such
information. If the last known address of the defendant(s) is a post office box, the Attorney
General's Office shall attempt to obtain and provide the last known physical address(es).
4.

If service cannot be accepted for any of the named defendant(s), Plaintiff

shall file a motion identifying the unserved defendant(s), requesting issuance of a
summons, and specifying a full name and address for the defendant(s).

defendant(s) as to which the Attorney General has not provided last-known-address
information, Plaintiff shall provide the full name and address for the defendant(s).
5.

If the Attorney General accepts service of process for any named

defendant(s), such defendant(s) shall file and serve an answer or other response to the
first amended complaint within sixty (60) days from the date of this order.

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For the

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6.

Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has

been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other
document submitted for consideration by the Court. Plaintiff shall include with the original
document submitted for filing a certificate stating the date that a true and correct copy of
the document was mailed or electronically filed to the defendants or counsel for the
defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service
to the individual attorney named in the notice of appearance, at the physical or electronic
address stated therein. The Court may disregard any document received by a district
judge or magistrate judge which has not been filed with the Clerk of the Court, and any
document received by a district judge, magistrate judge, or the Clerk of the Court which
fails to include a certificate showing proper service.
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This case is no longer stayed.

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The motion to strike (ECF No. 21) is granted. The Clerk of the Court shall

strike Plaintiff’s notice (ECF No. 19) from the docket.

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DATED THIS 18th day of July 2018.
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UNITED STATES MAGISTRATE JUDGE

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