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Rudin v. Dzurenda

United States District Court, D. Nevada

April 10, 2019

MARGARET RUDIN, Plaintiff
v.
DZURENDA et al., Defendants

          ORDER

         I. DISCUSSION

         On February 27, 2019, the Court issued a screening order permitting some claims to proceed, dismissing some claims with prejudice, and dismissing other claims with leave to amend. (ECF No. 11 at 12-13). The Court granted Plaintiff 30 days from the date of that order to file a second amended complaint curing the deficiencies of the amended complaint. (Id. at 13). The Court specifically stated that if Plaintiff chose not to file a second amended complaint, the action would proceed on count II-First Amendment incoming mail violations against defendants Parkerson and Piccinini and count III-First Amendment incoming mail violations against defendant Parkerson only. (Id. at 13-14). Plaintiff has not filed a second amended complaint. Pursuant to the screening order, this action will proceed on count II-First Amendment incoming mail violations against defendants Parkerson and Piccinini and count III-First Amendment incoming mail violations against defendant Parkerson only.

         II. CONCLUSION

         For the foregoing reasons, IT IS ORDERED that, pursuant to the Court's screening order (ECF No. 11), this action will proceed on count II-First Amendment incoming mail violations against defendants Parkerson and Piccinini and count III-First Amendment incoming mail violations against defendant Parkerson only.

         IT IS FURTHER ORDERED that given the nature of the claim(s) that the Court has permitted to proceed, this action is STAYED for 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 90-day stay period, no other pleadings or papers will be filed in this case, and the parties will not engage in any discovery, nor are the parties required to respond to any paper filed in violation of the stay unless specifically ordered by the court to do so. 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 90 days from the date this order is entered, the Office of the Attorney General will 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 will file a “motion to exclude case from mediation” on or before 21 days from the date of this order. The responding party will have 7 days to file a response. No. reply will be filed. Thereafter, the Court will issue an order, set the matter for hearing, or both.

         IT IS FURTHER ORDERED that the Clerk of the Court will electronically SERVE a copy of this order, the original screening order (ECF No. 11) and a copy of Plaintiffs amended complaint (ECF No. 12) 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.

         IT IS FURTHER ORDERED that the Attorney General's Office will advise the Court within 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, will be waived as a result of the filing of the limited notice of appearance.

         REPORT OF ATTORNEY GENERAL RE: RESULTS OF 90-DAY STAY

         NOTE: ONLY THE OFFICE OF THE ATTORNEY GENERAL SHALL FILE THIS FORM. THE INMATE PLAINTIFF SHALL NOT FILE THIS FORM.

         On [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 hereby complies.

         REPORT ...


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