Navarro v. Williams et al
ORDER denying ECF No. 10 Defendants' motion to exclude this case from mediation. Defendants shall have to and including Thursday, September 9, 2021 at Noon to submit the mediation statement. Future failure to timely submit a me diation statement will result in an order to show cause why sanctions should not be imposed for failure to follow the Courts orders. LR IA 11-8(e). Signed by Magistrate Judge Carla Baldwin on 9/8/2021. (Copies have been distributed pursuant to the NEF - SC)
Case 3:20-cv-00282-GMN-CLB Document 11 Filed 09/08/21 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:20-CV-0282-GMN-CLB
ORDER DENYING MOTION FOR
EXEMPTION FROM EARLY MEDIATION
[ECF No. 10]
BRIAN WILLIAMS, et al.,
Before the court is Defendants’ motion for exemption from early mediation
conference. (ECF No. 10). First, the motion to exclude is untimely. Pursuant to the
screening order entered in this case, motions to exclude were due on June 9, 2021. (ECF
No. 5 at 9). However, this motion was not filed until September 7, 2021 – which is only
seven days prior to the scheduled mediation. (ECF No. 8.) The court may, in its discretion,
entertain motions to exclude beyond their due date in rare cases. This is not one of those
cases and the Court will not exercise its discretion under these circumstances. Moreover,
Defendants are reminded that motions to exclude should be filed no later than twenty-
one days prior to the mediation date to avoid wasting the time and resources of the
parties, the mediator, and court staff. In this case, the order setting the mediation was
entered on June 22, 2021. (ECF No. 8). Thus, the motion is denied as untimely.
However, even if the motion were not untimely, the motion would still be denied.
The only basis for an exemption from mediation provided by Defendants is their assertion
that “the parties are more than one million dollars apart.” (Id.)
settlement conferences and mediations start with offers and counteroffers from the parties
that are not even remotely in same proximity and yet conclude with a settlement
agreement. Meeting with an independent neutral party may vastly impact a party’s view
of their case and its value. Therefore, as this Court has stated in previous orders, differing
Many, if not most,
Case 3:20-cv-00282-GMN-CLB Document 11 Filed 09/08/21 Page 2 of 2
opinions of the case or its value alone is not a proper basis for exclusion from the
mediation program. Therefore, the motion to exclude is denied on this additional basis.
For all these reasons, Defendants’ motion to exclude this case from mediation
(ECF No. 10) is DENIED.1
The Court notes that Defendants have failed to timely submit a mediation
statement in this case. (ECF No. 8). Defendants shall have to and including Thursday,
September 9, 2021 at Noon to submit the mediation statement. Future failure to timely
submit a mediation statement will result in an order to show cause why sanctions should
not be imposed for failure to follow the Court’s orders. LR IA 11-8(e).
September 8, 2021
UNITED STATES MAGISTRATE JUDGE
The Court reminds Defendants’ counsel that when a prisoner civil rights case has
been referred to the early mediation program, the Court has determined at screening
there is a claim or claims that have been stated and the case will proceed to discovery,
dispositive motions, and/or trial if not resolved by settlement. Therefore, early resolution
of these cases provides extensive savings to Plaintiffs, Defendants, and the Court in
valuable time and resources from litigating the case. Therefore, requests to exclude
cases from the early inmate mediation program should be rarely filed and only in the
most extreme circumstances. These types of circumstances may include cases that
involve claims that Defendants cannot settle as a matter of policy or in those cases where
there are other extenuating circumstances that would render the mediation entirely
ineffective or impossible for Defendants to make any type of settlement offer. These
motions should not be routine, nor should they be filed in every case.
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