Bedard v. Nev. Dept. Corr. et al

Filing 27

ORDER LIFTING STAY Clerk shall electronically serve a copy of this order and the Complaint (ECF No. 5 ) on AG (Electronic Service on 7/16/2021). Service must be perfected within ninety (90) days from the date of this order. AG must advise th e Court within 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. If service cannot be accepted for any of the named defendant(s), Plaintif f shall file a motion identifying the unserved defendant(s). For the 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). If the Attorne y General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint, (ECF No. 5 ), within 60 days from the date of this order. Plaintiff shall serve upon defenda nt(s) or, if an appearance has been entered by counsel, upon their attorney(s), a copy of the case documents. This case is no longer stayed. Signed by Magistrate Judge Carla Baldwin on 7/16/2021. (Copies have been distributed pursuant to the NEF - SC)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

SCOTT BEDARD,

Case No. 3:18-CV-0218-MMD-CLB

5
6
7

Plaintiff,

ORDER LIFTING STAY

v.
NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

8
Defendants.
9
10
11

This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. §

12

1983 by a state prisoner. The Court entered a screening order on June 3, 2019. (ECF No.

13

4). The Court then consolidated this case with other cases involving the treatment of HCV

14

for the purposes of discovery. (ECF No. 11). Thereafter, an inmate mediation was held in

15

this individual case on May 25, 2021. (ECF No. 23). A settlement was not reached. (Id.)

16

Therefore,

17

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

18

copy of Plaintiff’s complaint (ECF No. 5) on the Office of the Attorney General of the State

19

of Nevada by adding the Attorney General of the State of Nevada to the docket sheet.

20

This does not indicate acceptance of service.

21
22

2. Service must be perfected within ninety (90) days from the date of this order
pursuant to Fed. R. Civ. P. 4(m).

23

3. Subject to the findings of the screening order, (ECF No. 4), within 21 days of the

24

date of entry of this order, the Attorney General’s Office shall file a notice advising the

25

Court and Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the

26

names of the defendants for whom it does not accept service, and (c) the names of the

27

defendants for whom it is filing the last-known-address information under seal. As to any

28

of the named defendants for whom the Attorney General’s Office cannot accept service,

1

the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known

2

address(es) of those defendant(s) for whom it has such information. If the last known

3

address of the defendant(s) is a post office box, the Attorney General's Office shall

4

attempt to obtain and provide the last known physical address(es).

5

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

6

file a motion identifying the unserved defendant(s), requesting issuance of a summons,

7

and specifying a full name and address for the defendant(s). For the defendant(s) as to

8

which the Attorney General has not provided last-known-address information, Plaintiff

9

shall provide the full name and address for the defendant(s).

10

5. If the Attorney General accepts service of process for any named defendant(s),

11

such defendant(s) shall file and serve an answer or other response to the complaint, (ECF

12

No. 5), within 60 days from the date of this order.

13

6. Plaintiff shall serve upon defendant(s) or, if an appearance has been entered

14

by counsel, upon their attorney(s), a copy of every pleading, motion or other document

15

submitted for consideration by the Court. If Plaintiff electronically files a document with

16

the Court’s electronic-filing system, no certificate of service is required. Fed. R. Civ. P.

17

5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff mails the

18

document to the Court, Plaintiff shall include with the original document submitted for

19

filing a certificate stating the date that a true and correct copy of the document was mailed

20

to the defendants or counsel for the defendants. If counsel has entered a notice of

21

appearance, Plaintiff shall direct service to the individual attorney named in the notice of

22

appearance, at the physical or electronic address stated therein. The Court may

23

disregard any document received by a district judge or magistrate judge which has not

24

been filed with the Clerk, and any document received by a district judge, magistrate

25

judge, or the Clerk which fails to include a certificate showing proper service when

26

required.

27

///

28

///
2

1

7. This case is no longer stayed

2

July 16, 2021
DATED: ______________.

3
4

______
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3