Opinion
2:22-cv-00034-RFB-VCF
10-05-2023
HAROLD E. MONTAGUE, Plaintiff, v. MAINWARNING, et al., Defendants.
AARON D. FORD ATTORNEY GENERAL LEO T. HENDGES (BAR NO. 16034) SENIOR DEPUTY ATTORNEY GENERAL ATTORNEYS FOR INTERESTED PARTY NEVADA DEPARTMENT OF CORRECTIONS
AARON D. FORD ATTORNEY GENERAL
LEO T. HENDGES (BAR NO. 16034) SENIOR DEPUTY ATTORNEY GENERAL ATTORNEYS FOR INTERESTED PARTY NEVADA DEPARTMENT OF CORRECTIONS
MOTION TO VACATE CASE FROM THE INMATE EARLY MEDIATION PROGRAM
Cam Ferenbach, United States Magistrate Judge
Interested Party Nevada Department of Corrections, by and through counsel, Aaron D. Ford, Nevada Attorney General, and Leo T. Hendges, Senior Deputy Attorney General, of the State of Nevada, Office of the Attorney General, hereby moves to vacate the Inmate Early Mediation Conference currently scheduled for October 20, 2023.
I. PROCEDURAL HISTORY
The parties held the mandatory telephonic meet and confer on Tuesday, October 3, 2023, at 11:00 a.m. ECF No. 21 at 4:5-8. During that phone call, Plaintiff Harold E. Montague (Montague) expressed his settlement demands to counsel for Interested Party. The parties were able to reach agreement on a settlement, the terms were reduced to writing using the court approved settlement agreement form, and the representative for the Interested Party signed the settlement agreement.
Montague reviewed the settlement agreement and stipulation to dismiss, and also signed the paperwork on October 4, 2023. A copy of the settlement agreement was provided to the mediator in lieu of the early mediation conference statement.
At this point, there is a binding agreement to settle the case in its entirety. Counsel for the Interested party is in possession of the signed stipulation to dismiss, which will be filed ONLY AFTER the terms of the settlement agreement are fulfilled. As such, there is no need for the parties to participate in the early mediation conference.
II. CONCLUSION
Interested Party Nevada Department of Corrections seeks an order vacating the early mediation conference based on the binding settlement agreement reached following the mandatory pre-mediation telephonic meet and confer.
IT IS HEREB ORDERED that the inmate early mediation SCHEDULED for October 20, 2023, is VACATED.
IT IS SO ORDERED.