Opinion
2:22-cv-01608-JAD-BNW
04-20-2023
Lance M. Elder, Plaintiff v. Tommy Lewis, et al., Defendants
ORDER
BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE
On February 24, 2023, the Court issued a screening order permitting an Eighth Amendment medical-needs claim to proceed against certain defendants, and dismissing other claims with leave to amend by March 26, 2023. ECF No. 6. The Court specifically stated that if Plaintiff chose not to file an amended complaint, this action would proceed only on the Eighth Amendment medicalneeds claim for burned feet against defendants Javory Rios and Robert Odell. Id. at 10. The deadline to amend has expired, and Plaintiff has not filed an amended complaint.
It is therefore ordered that, consistent with the Court's February 24, 2023, screening order, this action will proceed only on Plaintiff's Eighth Amendment medical-needs claim for burned feet against defendants Javory Rios and Robert Odell.
It is further ordered that, given the nature of the claim that the Court has permitted to proceed, this action is stayed for 90 days to allow Plaintiff and defendants an opportunity to settle their dispute before an answer is filed or the discovery process begins. During this stay period and until the Court lifts the stay, no other pleadings or papers may 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 about that matter. 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 about the results of the 90-day stay, even if a stipulation for dismissal is entered before the end of the 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.
The Court reminds the parties 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 any party seeks to have this case excluded from the inmate mediation program, that party will file a “motion to exclude case from mediation” no later than 21 days before the date set for mediation. 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 if Plaintiff needs an interpreter to participate in the mediation program, he will file a notice identifying the interpretation language and the need for the interpreter within 30 days from the entry date of this order.
It is further ordered that the Attorney General's Office must advise the Court within 21 days of the entry date of this order whether it will enter a limited notice of appearance on behalf of the Interested Party identified below for the purpose of participating in the Early Mediation Program. No defenses or objections, including lack of service, will be waived because of the filing of the limited notice of appearance.
It is further ordered that the Clerk of Court will (1) add the Nevada Department of Corrections to the docket as an Interested Party and (2) electronically serve copies of this order, the screening order (ECF No. 6), and Plaintiff's complaint (ECF No. 7) on the Office of the Attorney General of the State of Nevada by adding the Attorney General to the Interested Party on the docket. This does not indicate acceptance of service.