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Jones v. Skolnik

United States District Court, D. Nevada

June 29, 2017

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

          ADAM PAUL LAXALT Attorney General JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General CLARK G. LESLIE (Bar No. 10124) Chief Deputy Attorney General Attorneys for Defendants.

          DEFENDANTS' UNOPPOSED MOTION TO EXCUSE THE PARTICIPATION OF JARED M. FROST AT THE JULY 2017 SETTLEMENT CONFERENCE

         Defendants Taerik Berry, Yaqub Mustafaa, Jeremiah Schultz, Brian Williams, and James G. Cox, by and through counsel, Adam Paul Laxalt, Attorney General of the State of Nevada, Clark G. Leslie, Chief Deputy Attorney General, and Jared M. Frost, Senior Deputy Attorney General, hereby submit this motion to excuse the participation of Jared M. Frost at the July 2017 settlement conference. This motion is made and based on the following points and authorities, the attached Declaration of Counsel, the pleadings and papers on file herein, and any other evidence the Court deems appropriate to consider.

         I. BACKGROUND

         This is an inmate civil rights lawsuit filed pursuant to 42 U.S.C. section 1983.

         On April 26, 2017, Plaintiff filed a motion for a global settlement conference. ECF No. 572. On June 2, 2017, the Court ordered the scheduling of a global settlement conference for July 11, 2017, in Reno, Nevada. ECF No. 576. The settlement conference is to encompass this matter and two additional matters: Jones v. Bannister, Case No. 3:16-cv-00399; and Jones v. Neven, Case No. 2:07-cv-01088. Id.

         In its order scheduling the global settlement conference, the Court specified that "[a] 11 counsel of record who will be participating in the trial of this case, all parties appearing pro se, if any, and all individual parties must be present." Id. at 1. The Court further specified that "[a]ll parties and counsel should make arrangements to be present at the settlement conference for the entire day." Id.

         On June 13, 2017, Plaintiff filed a motion to appear personally at the July 2017 settlement conference. ECF No. 580. ]

         On June 14, 2017, Defendants filed an omnibus motion to excuse their participation ' at the July 2017 settlement conference. ECF No. 581. Plaintiff did not oppose the motion. ECF No. 582.

         On June 20, 2017, the Court granted Defendants' omnibus motion in part. ECF No. 583. Pursuant to the Court's order, Defendant Isidro Baca is required to attend the July 2017 conference, and the participation of all other Defendants is excused. Id.

         On June 21, 2017, all remaining Defendants in this case filed a Notice Of Intent To Proceed By Joint Representation. ECF No. 584.

         On June 26, 2017, the Court granted Plaintiffs motion to appear personally at the July 2017 settlement conference. ECF No. 587.

         This motion to excuse the participation of Jared M. Frost follows.

         II. ARGUMENT

         Good cause supports excusing Jared M. Frost from participating at the July 2017 settlement conference. In addition to an NDOC representative, Warden Baca, and the Tort Claims Manager, there are three attorneys planning to attend the settlement conference on behalf of the various Defendants: Chief Deputy Attorney General Clark Leslie, Deputy Attorney General Ben Johnson, and Deputy Attorney General Ian Carr. Each of these attorneys is based in Northern Nevada. However, the undersigned is ...


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