United States District Court, D. Nevada
August 13, 2019, the Court issued a screening order
permitting the action to proceed against Defendant Vest on
the excessive force claim and on the portion of the
retaliation claim based on the alleged retaliation in
Plaintiff's food and face. (ECF No. 4 at 10). The Court
also dismissed Plaintiff's ADA claim without prejudice
and with leave to amend. (Id.) The Court granted
Plaintiff 30 days from the date of that order to file an
amended complaint curing the deficiencies of the ADA claim.
(Id. at 10-11). The Court specifically stated that
if Plaintiff chose not to file an amended complaint, the
action would proceed against Defendant Vest on the excessive
force claim and on the portion of the retaliation claim based
on the alleged retaliation in Plaintiff's food and face.
Plaintiff has not filed an amended complaint, so this action
shall proceed on those claims.
foregoing reasons, IT IS ORDERED that, pursuant to the
Court's screening order (ECF No. 4), this action shall
proceed against Defendant Vest on the excessive force claim
and on the portion of the retaliation claim based on the
alleged retaliation in Plaintiff's food and face.
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. 4) and a copy of Plaintiffs
complaint (ECF No. 5) 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