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Jones v. Skolnik

United States District Court, D. Nevada

August 25, 2014

CHRISTOPHER A. JONES, Plaintiff,
v.
HOWARD SKOLNIK, et al., Defendants.

ORDER

VALERIE P. COOKE, Magistrate Judge.

Before the court are several motions by plaintiff and defendants Mustafaa and Berry.

I. Plaintiff's motion for order (#316)[1]

First, the court considers plaintiff's motion for order, in which he essentially points out that now that the District Court has overruled defendants' objections (#315) to the court's order granting plaintiff's motion for relief from order and reinstating three defendants (#225), the Attorney General must indicate whether it accepts service on behalf of those defendants-Williams, Cox and Skolnik ( see #225).

Good cause appearing, plaintiff's motion (#316) is GRANTED. It is ORDERED as follows:

1. Within TEN (10) days of the date of the entry of this order, the Attorney General's Office shall file a notice advising the court and plaintiff of: (a) the names of which of the defendants-Brian Williams, Greg Cox, and Howard Skolnik-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 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, the last known address(es) of those defendant(s) for whom it has such information.
2. 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). As to any of the defendants for whom the Attorney General has not provided lastknown-address information, plaintiff shall provide the full name and address for the defendant(s).
3. 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 complaint within FOURTEEN (14) days from the date the Attorney General files the notice of acceptance of service.
4. 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 paper submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the defendants or counsel for the defendants. If counsel has entered a notice of appearance, the plaintiff shall direct service to the individual attorney named in the notice of appearance, at the address stated therein. The court may disregard any paper received by a district judge or magistrate judge which has not been filed with the Clerk, and any paper received by a district judge, magistrate judge, or the Clerk which fails to include a certificate showing proper service.

II. Defendants' discovery motion

Next, defendants filed a motion "not to reopen discovery" (#320), which plaintiff opposed (#326). Notwithstanding the District Court's order dated December 10, 2013 (#225), or its order overruling defendants' objections (#315), in this motion, defendants largely attempt to re-litigate whether defendants Williams, Cox and Skolnik should have been reinstated in this case. While the District Court noted in its order that discovery on the claim had already closed, current defendants present no proper or just basis to prevent plaintiff from conducting discovery with respect to these three defendants. However, the court is mindful of the need to avoid further delay in the resolution of this case.

Accordingly, defendants' motion (#320) is DENIED. It is ORDERED as follows:

1. Discovery as to the defendants on behalf of whom the Attorney General accepts service shall be completed no later than SIXTY (60) DAYS from the date such defendants file an ...

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