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Silva v. State

United States District Court, D. Nevada

April 3, 2017

MATTHEW J. SILVA, Plaintiff,
v.
STATE OF NEVADA et al., Defendants.

          ORDER

          NANCY J. KOPPE United States Magistrate Judge

         I. DISCUSSION

         On March 20, 2017, the Court issued a screening order permitting Plaintiff's American with Disabilities Act, Rehabilitation Act, and Equal Protection Clause claims to proceed against Defendant John/Jane Doe caseworker when Plaintiff learned of his or her identity. (ECF No. 9 at 7). The Court stated that, if Plaintiff was able to discover the identity of John/Jane Doe caseworker, Plaintiff shall file a motion to substitute the name of the Doe defendant in the complaint. (Id. at 8). If Plaintiff timely filed a motion to substitute identifying the name of the Doe caseworker, the Court would issue an order staying the case and referring the case to the Inmate Early Mediation Program. (Id.)

         On March 29, 2017, Plaintiff filed a motion to substitute the name of John Doe in the complaint to Thomas J. Martinez, CCSII. (ECF No. 12 at 1-2). The Court grants the motion to substitute John Doe caseworker as Defendant Thomas J. Martinez, CCSII.

         The Court denies Plaintiff's supplemental motion to submit exhibits as to why his case should be reopened (ECF No. 7) as moot. The Court reopened Plaintiff's case in the screening order. (ECF No. 9 at 1-2). . . . .

         II. CONCLUSION

         For the foregoing reasons, IT IS ORDERED that the motion to substitute the name of John Doe in the complaint to Thomas J. Martinez, CCSII (ECF No. 12) is GRANTED.

         IT IS FURTHER ORDERED that the Clerk of the Court shall add Thomas J. Martinez, CCSII as a defendant in this case.

         IT IS FURTHER ORDERED that the John Doe caseworker referenced in the screening order is identified as Defendant Thomas J. Martinez.

         IT IS FURTHER ORDERED that, pursuant to the Court's screening order (ECF No. 9), this action shall proceed on the American with Disabilities Act, Rehabilitation Act, and Equal Protection Clause claims against Defendant Thomas J. Martinez.

         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 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.

         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 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 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 ...


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