United States District Court, D. Nevada
J. KOPPE United States Magistrate Judge
November 27, 2016, the Court issued a screening order
permitting Count I to proceed and dismissing Count II with
leave to amend. (ECF No. 9 at 7). The Court granted Plaintiff
30 days from the date of that order to file an amended
complaint curing the deficiencies of Count II.
(Id.). The Court specifically stated that if
Plaintiff chose not to file an amended complaint, the action
would proceed against Defendants Nash and Smith for failure
to protect (Count I) only. (Id. at 8). Plaintiff has
not filed an amended complaint. Pursuant to the screening
order, this action shall proceed against Defendants Nash and
Smith for failure to protect (Count I) only. Plaintiff paid
the full filing fee for this case. (ECF No. 5).
foregoing reasons, IT IS ORDERED that, pursuant to the
Court's screening order (ECF No. 9), this action shall
proceed against Defendants Nash and Smith for failure to
protect (Count I) only.
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 an answer is filed
or the discovery process begins. During this ninety-day stay
period, no other pleadings or papers shall be filed in this
case, and the parties shall not engage in any discovery. 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.
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
FURTHER ORDERED that if any party seeks to have this case
excluded from the inmate mediation program, that party shall
file a “motion to exclude case from mediation” on
or before twenty-one (21) days from the date of this order.
The responding party shall have seven (7) days to file a
response. No reply shall be filed. Thereafter, the Court will
issue an order, set the matter for hearing, or both.
FURTHER ORDERED that the Clerk of the Court shall
electronically SERVE a copy of this order, a copy of the
screening order (ECF No. 9) and a copy of Plaintiff's
complaint (ECF No. 10) on the Office of the Attorney General
of the State of Nevada, attention Kat Howe.
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.
ONLY THE OFFICE OF THE ATTORNEY GENERAL SHALL FILE THIS FORM.
THE INMATE PLAINTIFF SHALL NOT FILE THIS FORM.
[the date of the issuance of the screening order],
the Court issued its screening order stating that it had
conducted its screening pursuant to 28 U.S.C. § 1915A,
and that certain specified claims in this case would proceed.
The Court ordered the Office of the Attorney General of the
State of Nevada to file a report ninety (90) days after the
date of the entry of the Court's screening order to
indicate the status of the case at the end of the 90-day
stay. By filing this form, the Office of the Attorney General
which of the following two situations (identified in bold
type) describes the case, and follow the instructions