Jackson v. Nevada Department of Corrections

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * *

4 ROBERT JACKSON, Case No. 2:21-cv-01772-JAD-EJY

5 Plaintiff, ORDER 6 v.

7 NEVADA DEPARTMENT OF CORRECTIONS, et al., 8 Defendants. 9 10 Before the Court is Interested Party Nevada Department of Corrections’ (“NDOC”) Motion 11 to Vacate Early Mediation Conference. ECF No. 12. NDOC moves to vacate the Early Mediation 12 Conference ordered to occur on January 13, 2023. ECF No. 11. Under District of Nevada Local 13 Rule 7-2(d), “[t]he failure of an opposing party to file points and authorities in response to any 14 motion, except a motion under Fed. R. Civ. P. 56 … constitutes a consent to the granting of the 15 motion.” Here, Plaintiff has not filed a timely response. 16 In its Motion, NDOC argues that Plaintiff, a pro se inmate, has filed two previous lawsuits— 17 2:21-cv-1773-CDS-VCF and 2:20-cv-01322-ART-VCF—in which the parties engaged in 18 mediations only to fail to come to a resolution. ECF No. 12 at 1-2. NDOC contends the two prior 19 cases involved similar sets of operative facts that are the subject of the instant litigation. Id. at 2. In 20 addition, NDOC asserts the parties’ positions in this case are fully developed and that mediation 21 will, once again, be unsuccessful. Id. at 3. 22 In support of the relief requested, NDOC cites to a recent decision by this Court stating, in 23 relevant part: “A party moving to exclude a case from the [Inmate Early Mediation] program must 24 demonstrate why the case is not suitable for mediation … [W]hen mediation does not appear likely 25 to be productive and save resources, the Court may choose to remove a case from the program and 26 vacate any scheduled mediation conference.” Id. at 2 citing Hill v Villatoro, Case No. 2:20-cv- 27 01822-RFB-VCF, 2021 WL 8016717, at *1 (D. Nev. 2021). ] Having reviewed NDOC’s Motion and the applicable case law, the Court finds NDOC 2 | argument persuasive. 3 Accordingly, IT IS HEREBY ORDERED that Interested Party Nevada Department | 4| Corrections’ Motion to Vacate Early Mediation Conference (ECF No. 12) is GRANTED. 5 IT IS FURTHER ORDERED that the Inmate Early Mediation Conference scheduled f January 13, 2023 is vacated. 7 DATED this 2nd day of November, 2022.

9 . ELA J.Y 10 UNITED STATES MAGISTRATE JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28