Jackson v. Russell

Filing 7

ORDER - Pursuant to the Court's screening order (ECF No. 5 ), this action shall proceed against Perry Russell only on the Eighth Amendment claim in Claim 1 for deliberate indifference to serious medical needs. This action is stayed for 90 da ys (12/7/2021) to allow the parties an opportunity to settle. On or before 90 days from the date this order is entered, AG must file the 90-day stay report form. If the case does not settle, Plaintiff will be required to pay the full $ ;350.00 filing fee. Any "Motion to Exclude Case from Mediation" is due on or before 21 days prior to the date set for mediation. The Clerk shall electronically serve a copy of this order, the original screening order (ECF No. 5 ) an d a copy of Plaintiff's complaint (ECF No. 6 ) on the AG (Electronic Service on 9/9/2021). AG must advise the 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 Defendant for the purpose of settlement. Signed by Magistrate Judge Carla Baldwin on 9/8/2021. (Copies have been distributed pursuant to the NEF - SC)

Download PDF
Case 3:21-cv-00063-MMD-CLB Document 7 Filed 09/08/21 Page 1 of 6 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 TARONTAE DAIJOHN JACKSON, 10 Case No. 3:21-cv-00063-MMD-CLB Plaintiff, ORDER v. 11 12 PERRY RUSSELL, et al., 13 Defendants. 14 15 16 I. DISCUSSION 17 On August 2, 2021, the Court issued a screening order permitting the Eighth 18 Amendment claim for deliberate indifference to serious medical needs in Claim 1 to 19 proceed against Perry Russell, dismissing some claims without leave to amend, and 20 giving Plaintiff leave to amend the Eighth Amendment claim in Claim 2. (ECF No. 5 at 21 12.) The Court granted Plaintiff 30 days from the date of that order to file an amended 22 complaint. (ECF No. 5 at 12.) The Court specifically stated that if Plaintiff chose not to 23 file a timely amended complaint, the action would proceed against Perry Russell only on 24 the Eighth Amendment claim in Claim 1 for deliberate indifference to serious medical 25 needs. (Id.) Because Plaintiff has not filed an amended complaint, pursuant to the 26 screening order, this action shall proceed on that claim. 27 /// 28 /// 1 Case 3:21-cv-00063-MMD-CLB Document 7 Filed 09/08/21 Page 2 of 6 1 II. 2 3 4 For the foregoing reasons, it is ordered that, pursuant to the Court’s screening order (ECF No. 5), this action shall proceed against Perry Russell only on the Eighth Amendment claim in Claim 1 for deliberate indifference to serious medical needs. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 90-day stay period and until the Court lifts the stay, no other pleadings or papers may be filed in this case, and the parties may not engage in any discovery, nor are the parties required to respond to any paper filed in violation of the stay unless specifically ordered by the court to do so. 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. 20 21 22 23 24 25 26 27 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 28 2 Case 3:21-cv-00063-MMD-CLB Document 7 Filed 09/08/21 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 will file a “motion to exclude case from mediation” no later than 21 days prior to the date set for mediation. The responding party will have 7 days to file a response. No reply will 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. 5) and a copy of Plaintiff’s complaint (ECF No. 6) 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. 18 DATED: September 8, 2021. 19 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 3 Case 3:21-cv-00063-MMD-CLB Document 7 Filed 09/08/21 Page 4 of 6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 TARONTAE DAIJOHN JACKSON, Case No. 3:21-cv-00063-MMD-CLB Plaintiff, REPORT OF ATTORNEY GENERAL RE: RESULTS OF 90-DAY STAY 11 v. 12 13 PERRY RUSSELL, et al., Defendants. 14 15 NOTE: ONLY THE OFFICE OF THE ATTORNEY GENERAL SHALL FILE THIS FORM. THE INMATE PLAINTIFF SHALL NOT FILE THIS FORM. 16 17 On ________________ [the date of the issuance of the screening order], the Court 18 issued its screening order stating that it had conducted its screening pursuant to 28 U.S.C. 19 § 1915A, and that certain specified claims in this case would proceed. The Court ordered 20 the Office of the Attorney General of the State of Nevada to file a report ninety (90) days 21 after the date of the entry of the Court’s screening order to indicate the status of the case 22 at the end of the 90-day stay. By filing this form, the Office of the Attorney General hereby 23 complies. 24 /// 25 /// 26 /// 27 /// 28 /// 4 Case 3:21-cv-00063-MMD-CLB Document 7 Filed 09/08/21 Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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.] 25 26 27 28 ____ 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.) 5 Case 3:21-cv-00063-MMD-CLB Document 7 Filed 09/08/21 Page 6 of 6 1 2 3 4 ____ 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. 5 7 ____ 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. 8 Submitted this _______ day of __________________, ______ by: 6 9 10 Attorney Name: _______________________ Print _________________________ Signature Address: Phone: 11 12 ______________________ ___________________________ 13 ______________________ Email: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?