United States District Court, D. Nevada
March 27, 2018, the Court issued a screening order permitting
an Eighth Amendment claim for deliberate indifference to
medical needs to proceed against Defendant Adamson based only
on the cancellation of a medical low-sodium diet and
dismissing the remainder of the complaint without prejudice
and with leave to amend. (ECF No. 8 at 10-11). The Court
granted Plaintiff 30 days from the date of that order to file
an amended complaint curing the deficiencies of the
complaint. (Id. at 15). The Court specifically
stated that if Plaintiff chose not to file an amended
complaint, the action would proceed only against Dr. Adamson
on the Eighth Amendment claim regarding the low-sodium diet.
(ECF No. 8 at 15). Plaintiff has chosen not to file an
amended complaint. (ECF No. 13). Therefore, pursuant to the
screening order, this action shall proceed against Dr.
Adamson on the Eighth Amendment claim regarding the
foregoing reasons, IT IS ORDERED that, pursuant to the
Court's screening order (ECF No. 8), this action shall
proceed against Dr. Adamson on the Eighth Amendment claim
regarding the low-sodium diet.
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.
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 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.
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,
the original screening order (ECF No. 8) and a copy of
Plaintiffs complaint (ECF No. 9) 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.
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.
OF ATTORNEY GENERAL RE: RESULTS OF 90-DAY STAY
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