MOON v. COX

Case No. 2:14-cv-02140-APG-GWF, Consolidated with Case No. 2:16-cv-02082-APG-PAL.

DONALD MOON, Plaintiff, v. JAMES COX, et al., Defendants. DONALD J. BOGOTAITIS, Plaintiff, v. STATE OF NEVADA, ex rel, the BOARD OF COMMISSIONERS, et al., Defendants.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Donald W. Moon, Plaintiff, represented by Travis N. Barrick , Gallian Welker & Beckstrom, LC.

James Cox, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Romeo Aranas, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Bruce R Bannister, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Brian Sandoval, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Dwight Neven, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Nevada Department of Corrections, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Nevada Board of State Prison Commissioners, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Brian Williams, Sr., Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Ira J. Hollingsworth, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Roy E. Hookham, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Sheryl Foster, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Jennifer S. Nash, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Barbara Cegavske, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

Adam Laxalt, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.

State of Nevada, Defendant, represented by Frank A. Toddre, II , Nevada Attorney General.


STIPULATION AND ORDER TO EXCUSE INDIVIDUAL DEFENDANTS FROM SETTLEMENT CONFERENCE

GEORGE FOLEY, Jr., Magistrate Judge.

The parties, via counsel, hereby request this Court excuse the personal attendance of certain individual Defendants for the Settlement Conference in the above named case. The parties submitted a Stipulation and Order to Extend Discovery and Requested a Settlement Conference on or about June 13, 2017. (ECF No. 76).

Magistrate Judge Foley Ordered a telephonic appearance to clarify the stipulation. (ECF No. 76). The Court set the Settlement Conference for September 15, 2017 at 9:00 AM, based upon the conference and subsequent discussion between Chambers and Counsel.

In the initial Stipulation (ECF No. 76) the parties requested that certain Defendants be excused. Defendants Bruce Bannister, James Cox, and Sheryl Foster are all retired and no longer reside in Las Vegas. The parties submitted that these Defendants did not have current knowledge as to the revised Housing policy, and agreed that their presence is not necessary for successful negotiations, and additionally the cost to fly these persons to Las Vegas was cost prohibitive.

During the telephonic appearance, Frank Toddre II, counsel for the Defendants raised an oral motion requesting that these three individuals be excused from attending the Conference. Plaintiff Counsel Travis Barrick advised on the record that he did not object to these individuals being excused from attending the conference in person.

The Order setting the Settlement Conference did not contain any specific language excusing the personal attendance of these parties. As such, in an abundance of caution the parties submit this Stipulation and Order excusing the personal attendance of James Cox, Sheryl Foster, and Dr. Bruce Bannister.

ORDER:

GOOD CAUSE APPEARING, it is SO ORDERED, that Defendants Sheryl Foster, Bruce Bannister, and James Cox be excused from attending the September 15, 2017 Settlement Conference.


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