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Mason v. Woods

United States District Court, D. Nevada

July 5, 2019

WILLIE MASON, Plaintiff,
v.
BRIAN WOODS, et al. Defendants.

          ORDER SETTING INMATE EARLY MEDIATION CONFERENCE

          William G. Cobb U.S. Magistrate Judge

         This case has been refereed to the District Court's Inmate Early Mediation Program. The court has appointed MIKE PINTAR as the mediator in this case. This mediator is an independent, neutral and impartial attorney who is trained in mediation and who will assist the parties in attempting to settle this case without further court action. The mediation conference will take place on TUESDAY, AUGUST 6, 2019 at 11:30 a.m., in Courtroom Number 2 in the United States Courthouse, Reno, Nevada. The defendants are not required to serve or file an answer or other response to plaintiffs complaint before the early mediation conference.

         I. AUTHORITY OF THE MEDIATOR

         The mediator assigned to this case has the authority of the court to do the following:

         a) Conduct a Telephonic Conference

         At any time prior to the date set for mediation, the mediator may contact the parties to arrange an informal telephone conference to discuss any issues concerning the mediation. In the case of an inmate plaintiff, the mediator may contact the Deputy Attorney General assigned to this case to arrange an informal telephonic conference among the parties. The telephonic conference is not required by the court and will only be scheduled at the mediator's request. The telephonic conference is confidential and will not be recorded or reported on the record and no transcripts will be prepared.

         b) Request Additional Information

         The mediator may request additional information and/or documents concerning the case at any time prior to or during the mediation.

         II. WHO MUST ATTEND THE MEDIATION CONFERENCE

         a) Plaintiff

         The Plaintiff will appear and participate in the mediation conference through video conferencing. The Attorney General's Office will make the necessary arrangements for Plaintiff to appear by video conference and will provide Karen Walker, Courtroom Administrator, with a video conference reservation number at least two days prior to the early mediation conference. If the video conferencing equipment is not available at the correctional institution, the court may order the inmate plaintiff to be transported to the Court.

         b) Non-Inmate Individual Defendants

         Any person who is a defendant is not a current or former employee of the Nevada Department of Corrections ("NDOC") must also attend the mediation conference in person, unless his or her presence is excused by the Court.

         c) Representatives of Defendant Agencies or Other Defendant Entities

         Representatives of die NDOC who have the authority to settle this case are required to attend the mediation conference. The Warden, Associate Warden, or other NDOC Administrator with settlement authority at me institution where Plaintiffs claims arose shall be available to be contacted by telephone during the mediation, if requested by the mediator. If the deputy attorney general believes that the presence of a particular NDOC representative would facilitate mediation, he or she may seek leave of court to direct that such person by present.

         d) Attorneys

         All attorneys who will be participating in die trial of this case are also required to attend the mediation conference.

         e) Excused Attendance

         All persons attending die mediation conference are required to present for the entire conference. Any request to be excused from attending me mediation conference must be made in writing to the Court at least one week prior to die mediation conference. Such request shall be filed with the Clerk of Court.

         f) Settlement Authority of Persons Attending Mediation Conference

         The persons attending me mediation conference must have full authority to settle the case. If the defendant is a governmental agency, private company, corporation, partnership or similar entity, it must be represented at the early mediation conference by a person who has the full authority, subject to any legally required board approval, to settle the case on the defendant's behalf. If a defendant has insurance mat may provide coverage for die claims in this case, then a representative of the insurance company with full settlement authority must also be present at me mediation conference.

         g) Sanctions for Failure to Attend Mediation Conference

         If a party or its attorney fails to have the necessary person(s) with settlement authority physically present during die mediation conference, men the mediator may cancel me mediation conference. The mediator will promptly notify the Court of die reason for the cancellation and the Court may require the party or its attorney to pay reasonable expenses of the other parties or the mediator caused by the cancellation. The Court may also impose additional sanctions on the party or its attorney if facts and circumstances justify such sanctions.

         III. PURPOSE OF THE MEDIATION

         The purpose of die early mediation conference is to assists the parties in settling this case without die need for any further court action. The parties and die attorneys should be prepared to explain to die mediator the facts and legal issues involved in me case. The mediator will meet separately and confidentially with each party and his or her attorney to discuss the case and to obtain and present settlement offers or proposals. The discussions and negotiations that occur during the mediation conference are confidential. The judges assigned to the case will not be informed by die mediator or by any party or attorney about what was discussed or what offers were made during the mediation conference. The parties should take full advantage of the settlement opportunity provided by me mediation conference. This requires that each party make a good fair effort to settle the case based on a fair and reasonable view of the facts and the law.

         IV. MEET AND ...


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