Rhymes v. Aranas

Opinion

AARON D. FORD Attorney General DENNIS W. HOUGH, Bar No. #11995 Deputy Attorney General 3 State of Nevada Public Safety Division 100 N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1254 E-mail: dhough@ag.nv.gov Attorneys for Defendants Cynthia Sablica, Dwight Nevin MICHAEL RHYMES, Case No. 3:15-cv-00592-RCJ-CBC Plaintiff, JOINT PRE-TRIAL ORDER 4 C. ROWLEY, et al., Defendants. Following pretrial proceedings in this case, IT IS ORDERED: j I. NATURE OF ACTION AND CONTENTIONS OF THE PARTIES A. NATURE OF ACTION AND IDENTIFICATION OF PARTIES This is an inmate civil rights action brought by Michael Rhymes, (Rhymes) pursuant to 42 U.S.C. § 1983. Rhymes is a prisoner in the custody of the Nevada Department of Corrections (NDOC), ! currently housed at Lovelock Correctional Center (LCC). Rhymes is serving a life sentence with {| possibility for parole for lewdness with a minor. Rhymes submitted his First Amended civil rights complaint on May 5, 2016, alleging, among other things, that: Defendants Sablica and Nevin were deliberately indifferent to Rhymes’ serious medical condition by failing to provide a prescribed medication for Rhymes’ type 2 diabetes.

l 5. On January 26, 2014, Rhymes signed for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 6. On March 5, 2014 Rhymes requested refills on Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 7. On March 13, 2014 Rhymes was prescribed Metformin. 8, On March 15, 2014 Rhymes signed receipt of Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 9. On March 22, 2014 Rhymes requested refills for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 10. On March 23, 2014 Rhymes signed a receipt for Metformin 1] 11. Ona date uncertain Rhymes signed a receipt for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 12, On May 2, 2014, Rhymes signed for receipt of Metformin and Lisinopril. 13. On May 20, 2014 Rhymes submitted a kite noting he did not receive Glipizide or Hydrochlorothiazide. 14. On May 23, 2014 Rhymes signed a receipt for Metformin and Lisinopril. 15. On May 27, 2014 Rhymes’ prescriptions for Glipizide, and Hydrochlorothiazide were renewed. 16. On May 29, 2014 at 6:00 a.m. Rhymes filed an informal grievance # 2006-29-79783 alleging he did not receive Glipizide or Hydrochlorothiazide. 17, 29, 2014 Rhymes signed a receipt for Glipizide and Hydrochlorothiazide. 18. On June 27, 2014 Rhymes requested refills of Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 19. On June 28, 2014 Rhymes signed a receipt for Glipizide, Metformin, Hydrochlorothiazide and Lisinopril. 20. On July 28, 2014 Rhymes requested refills of Glipizide, Metformin, Hydrochlorothiazide and Lisinopril. ///

□□□□□□□□□□□□□□□□□□□□□ Faect_To TRIED_AND_DETERMWED _TRIAG PLANTIFE'S ComesTED FACTS, REFERENCES Citi umecwtesro Frere pOmMED gy THE PACTIES wien ReQuice we PRook □ Na Bee 1-149 = HILE IN Dis$tiplinazy SEGREGATION _THE. uss 15 EgcoRteD BY OPCRINAL OFF FER GEFORE THE PLAINTIFF cCouLD RéGéveE AMY MEeDIcCATiow PLAWheEr Mul? sien slip FiesT BEFORE PFtipyinG Rey MEDICATION J_APRIL 2014, MAY 2014,Am > JUME 20/4 1 DiStipliwAgy SEGREGATION AFTER. Sitnimh_ fod meDicatioN Fach Tite PCAnTIEe REACIZE AL ow_EntH MowTH PrAIWwTFF CecievE A Dounte merroreiurd _ tC So? Mos DOMSLE Of DER of (binlepen 20m65 THREE rants WA Oy s AE PLATE gamemaery ivloRhEO THE wutiE £ACH Tie, Tr UME 2014 PlAitiFE File A aay, THEN patter 9O-DaAys PLAIMTIFF RECIEVE mMEepitarien. ONLY oace FRoM TwE Zoi To PoOlY PLA NWTIER PFCevED AU MieDicATions, NuGausT 2ofd Arn SepremGER 20/4 PLAImTIPP RECIEVED ArooTnPR PUSLE ef METPotMiIN_ ANNO Lisimopell . ALTER Fitimis AWN _AORIOPHE wAS Finally Scen BY HOSP DostoR Aap PlAwnée PECIEVED A PHYSicat AFTER. ReOTHER GO DAY wuittodT Girpimpe AMD ybenepsobor Mazes; RIEL FORMED DOCTOR AW wurstE THAT HE was CH Pome CARE DiEBETC. PLAINNES PEOue ste ty THAT His Blsonm Sucah BE TesTe □□□ OfTOR oD WUPSE STATED THAT THE y Oi wot MAVE rie PeRoPpER Fauypmerl rp reer My Plodo uene. ved. ? CAwriFFe Blood Lae 45 Due Mége TIME AT HOSP.

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DGE PRoBpERT ¢C, JONES HAS RuUlED FoR DiISMisste oF ASE Num@ER! 317-¢V- OOG75-RCT-CRG i MicHAEC RHYMES Ww SHANNON Moyle ex Ac, REPAUATORY ANEFR Di@ectry .ECATED my RHYMES vy APANRS 31/S-0y-00s9R-ROjs-e Be oF ewit Suit ’

Case 3:1/-cv-006/&-RCJ-CBC Documenti0 Filed O&/13/19 Page loil

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

MICHAEL RHYMES, JUDGMENT IN A CIVIL CASE Plaintiff, v. Case Number: 3:17-cv-00678-RCJ-CBC SHANNON MOYLE, et al.,

Defendants.

__ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. .

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. X Decision by Court. This action came for consideration before the Court. The issues have been . considered and a decision has been rendered,

IT 1S ORDERED AND ADJUDGED that the first amended complaint is dismissed with prejudice for failure to state a claim. IT 1S FURTHER ORDERED AND ADJUDGED that an appeal would be taken in good faith. IT IS FURTHER ORDERED AND ADJUDGED that judgment is hereby entered and this case is closed.

August 13, 2019 DEBRA K. KEMPI Date Clerk COURT Fors. KON = 3\ a eee L. Haywood alee ! D ty Clerk a oS eputy Cler

DR. Rameo ARANAS wAS WaMED □□ ECOND_ AMENDED ¢Ciyjt RIGHTS CamplaiwT, wiict GAS AO OpposiTiaN FRom Armeney EMERAC OFFICE tyuril SEVEPAC MornTyHs CATER dU. S.MA GISTRATE JUDGE AND ATINENEY GENEL OFFICE REQUEST THAT JUDGE RORECT C. YOoNES Dismiss □ DEFRUDANT APANAS On NEW) (98% ComplhtnT, _

EDD LESS RE ONIN Rt ARAN AOL TIO Promepelloo

Name

4e7RlS Prison Number UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ‘

Michoel Rhymes, ) Plaintiff, ) . ) vs. ) CASENO, 3:i6-ev-00592- RGT-VPQ, ) (To be supplied by the Clerk) FomesAtoroas i) ) Second Amende Greg Cady ________. ) CIVIL RIGHTS ended amr ‘ ) PURSUANT TO DW Neven , ) 42 U.S.C. § 1983 . . ) ury th ba Sai Or ty Tig] Demandent ) Tbho/Taoe Doss 1-5 _, ) Defendant(s). ) . . A, JURISDICTION 1 This complaint alleges that the civil rights of Plaintiff, Michael Bhymes — (Print Plaintiff's name) who presently resides at Northern Nevada Correctinal Center, were violated by the actions of the below named individuals which were directed against Plaintiff at H.D.S.P ia TrdianSprinos NV __ on the following dates (institution/city where violation occurred) Babe Sept 20, S-iii4toSept. 2014 and (Count I) (Count IT) (Count 11f)

suipee RoReer TONES HAS DEMIED ans CE. PEFORE summaey TuedeemenT nwo APPEL, PCAIUTIFF wAS GRANTED pf i PAPLT AWD OFAIED (PRET 'SUMMREY FUDECEMEAT~

TUDGE SeMES RULED st FAUOR OF PEPORT rub RECoMMenmbATION wittoulT GiVvg WG LpCauTier Tame 7 DATAIN CouseC P eTHiN (SSUES. ( Z-12~1G | PLAINTIFE HAS Eypeecsed Jo WE cauwe7~ He SAS SEVERE BYE. DAMAGE nithich HEvpep A AB ) CT. PROF PY t RO SFE

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Icclawlibrary - Activity in Case 3:15-cy-00592-RCJ-CBC Rhymes vy. Aranas et al Order on Motion for Summary Judgment

From: To: Date: 3/12/2019 12:01 PM Subject: Activity in Case 3:15-cv-00592-RCJ-CBC Rhymes y. Aranas et al Order on Motion for Summary Judgment

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** There is no charge for viewing opinions. United States District Court District of Nevada Notice of Electronic Filing The following transaction was entered on 3/12/2019 at 12:00 PM PDT and filed on 3/12/2019 Case Name: Rhymes v. Aranas et al Case Number: 3:15-cv-00592-RCJ-CBC Filer: Document Number: 92 Docket Text: ORDER that Magistrate Judge's Report and Recommendation ECF No. [89] is ADOPTED and ACCEPTED; Defendants’ Motion for Summary Judgment ECF No. [67] is GRANTED IN PART AND DENIED IN PART; the deliberate indifference claims against Defendants, Neven and Sablica, of the Second Amended Complaint be allowed to PROCEED; the supervisory liability claim regarding the enforcement of NDOC regulations against Defendant Neven, of the Second Amended Complaint be DISMISSED; the official capacity claims against Defendants Neven and Sablica, of the Second Amended Complaint are DISMISSED; qualified immunity is DENIED; Clerk directed to enter judgment accordingly. Signed by Judge Robert C. Jones on 3/12/2019. (Copies have been distributed pursuant to the NEF - KW)

3:15-cv-00592-RCJ-CBC Notice has been electronically mailed to: Lovelock Correctional Center Icclawlibrary@doc.ny.gov Dennis W Hough dhough@ag.nv.gov, akinseygoldy@ag.nv.gov, khodges@ag.nv.gov 3:15-ev-00592-RCJ-CBC Notice has been delivered by other means to: The following document(s) are associated with this transaction:

file: //C:/Users/ehorn/AnppData/Local/Temp/X Pernwise/5C&879FS90DOC DomainlCC%270... 3/13/7019

GUase □□□□□□□□□□□□□□□□□□□□□ Vocument Sd riled Us/l2ails Page lore AO450 (NVD Rey. 2/18) Judgement in a Crit Case

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

MICHAEL RHYMES, JUDGMENT IN A CIVIL CASE Plaintiff, v. Case Number: 3:15-cv-00592-RCJ-CBC NEVADA DEPARTMENT OF CORRECTIONS, etal. Defendants.

—. ‘Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. Deelsfon by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. _X_ Decision by Court. This action came for consideration before the Court. The issues have been considered and a decision has been rendered. IT IS ORDERED AND ADJUDGED that the Magistrate Judge’s Report and Recommendation (ECF No. 89) entered on January 28, 2019, is ADOPTED and ACCEPTED. IT IS FURTHER ORDERED AND ADJUDGED that Defendants’ Motion for Summary Judgment (ECF No. 67) is GRANTED IN PART AND DENIED IN PART. ITIS FURTHER ORDERED AND ADJUDGED D that the deliberate indifference claims against Defendants, Neven and Sablica, of the Second Amended Complaint be allowed to PROCEED. IT IS FURTHER ORDERED AND ADJUDGED that the supervisory lability claim regarding the enforcement of NDOC regulations against Defendant Neven, of the Second Amended Complaint be DISMISSED. FURTHER ORDERED AND ADJUDGED that the official capacity claims against Defendants Neven and Sablica, of the Second Amended Complaint are DISMISSED, IT IS FURTHER ORDERED AND ADJUDGED that qualified immunity is DENIED

Case 3:15-cv-00592-RCJ-C8C Document 92 Filed 03/12/19 Page 1 of 2

1 é || MICHAEL RHYMES, Case No.: 3:15-CV-00592-RCJ-CBC Plaintiff, ORDER ° vs. NEVADA DEPARTMENT OF CORRECTIONS, et al., Defendants. wit Before the Court is the Report and Recommendation of United States Magistrate Judge Caria B. Carry (ECF No. 89') entered on January 28, 2019, recommending that the Court grant and deny in part Defendants’ Motion for Summary Judgment (ECF No. 67). No objection to the Report and Recommendation has been filled. This action was referred to Magistrate Judge Carry under 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 1-4 of the Ruies of Practice of the United States District Court for the District of Nevada. The Court has considered the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636(b)(1}(B) and Local Ruie IB 3-2. The Court determines that the Magistrate Judge's Report and Recommendation (ECF No. 89) entered on January 28, 2019, should be adopted and accepted. Mf 1 Refers to Court's docket number.

Case 3:15-cv-00592-RCJ-CBC Document96 Filed 04/17/19 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MICHAEL RHYMES, ) 3:15-CV-0592-RCJ-CBC ) Plaintiff, ) MINUTES OF THE COURT ) vs. ) April 17, 2019 ) NEVADA DEPARTMENT OF i) CORRECTIONS, et al., ) ) Defendants. )

PRESENT: JHE HONORABLE CARLA BALDWIN CARRY, U.S. MAGISTRATE JUDGE DEPUTY CLERK: LISA MANN REPORTER: NONE APPEARING COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: This Is a civil rights action brought by pro se prisoner plaintiff Michael Rhymes. Plaintiff has moved for appolntment of counsel (ECF No. 94). Defendants’ opposed the motion (ECF No. 95). No reply was filed. A litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel. Sforseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). The Supreme Court has ruled that district courts lack authority to require counsei to represent indigent prisoners In § 1983 cases. Mallard v. U.S. Dist. Court for the S. Dist. of lowa, 490 U.S. 296 (1989). in only “exceptional circumstances,” the court may request voluntary assistance of counsei pursuant to 28 U.S.C. § 1915(e)(1). Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Without a reasonable method of securing and compensating counsei, this court will seek volunteer counsel only in the most serious and exceptionai cases. A finding of such exceptional circumstances requires that the court evaiuate both the likelihood of success on the merits and the pro se litigant's ability to articulate his claims in light of the complexity of the legai issues Involved. Neither factor is controiling; both must be viewed together in making the finding. Cano v. Taylor, 739 F.3d 1214, 1218 (9th Cir. 2014). The court exercises discretion in making this finding. id. (citing Palmer, 560 F.3d at 970). in the present case, the court does not find the required exceptional circumstances. Even if it ls assumed that plaintiff is not well versed in the iaw and that he has made serious allegations which, if proved, wouid entitle him to relief, his case is not exceptional.

B. STIPULATED EXHIBITS AS TO AUTHENTICITY BUT NOT ADMISSIBILITY 1. None. Cc. PLAINTIFF'S EXHIBITS SUBJECT TO OBJECTIONS 1. 2. 3. 4, 1, Plaintiff's Medical file; 2. Plaintiff's Movement History Report; Il 3. Plaintiff's housing history report; 4, Plaintiff's Grievance file, including all relevant grievances; 5. Certified Judgment(s) of Conviction of Plaintiff for underlying offense (only if needed for impeachment); 6. Plaintiffs Institutional File (“I-File”); 7. Plaintiff's NDOC Central File (“C-File”); 8. Law Library Logs; 9. Legal Mail Logs for relevant time period; 10. Law Library Brass Slips; 1]. Plaintiff's Case Notes as maintained on the NDOC NOTIS system from 2014 to Present. 12. _ All prison logs, registers, documents, or other form of data pertaining to any and all of Plaintiffs claims, especially any unauthorized mail logs or mail logs. 13. Any and al! other exhibits that may support the statements of fact and law cited herein and to rebut Plaintiff's statements, claims, and testimony. 14. Any and all other exhibits that rebut witnesses that might be called to respond to claims made by either Plaintiff or any of his proposed witnesses; 1. None.

«

1 1X. AVAILABLE TRIAL DATES Plaintiff and Defendants’ Counsel expressly understand that the Clerk shall set the trial of this matter at the convenience of the Court's calendar, A jury has been requested. The following are three weeks in which both parties are available: The week of February 3 The week of February 10 The week of February 24 X. TIME EXPECTED FOR TRIAL It is estimated that the trial herein will take a total of 2-3 days. APPROVED AS TO FORM AND CONTENT: AARON D. FORD Attorney General By: MICHAEL RHYMES, #78115 DENNIS W. HOUGH NVBAR # 11995 Plaintiff, Pro Se Deputy Attorney General Attorneys for Defendants This case is set for jury trial on stacked calendar on February 10, 2020 at 8:30 a.m. in Reno Courtroom 3 before Judge Robert C. Jones. Calendar Call will take place on Monday, February 3, 2020 at 10:00 a.m. in Reno Courtroom 3 before Judge Robert C. Jones. IT 1S SO ORDERED

_ _ Robert C. Jon United States Fistrict Judge 2% Dated: November 1, 2019.

Attorney General DENNIS W. HOUGH, BAR NO. 11995 Deputy Attorney General State of Nevada Public Safety Division 100 N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1254 E-mail: dhough@ag.nv.gov Attorneys for Defendants Cynthia Sablica, and Dwight Nevin Case No. 3:15-cv-00592-RCJ-CBC Plaintiff, v. PARTIES’ PROPOSED JOINT PRETRIAL DISCLOSURES PURSUANT TO FED. R. C. ROWLEY, et al., CIV. P. 26(a)(3) (JOINT PRETRIAL ORDER) Defendants. Following pretrial proceedings in this case, IT IS ORDERED: I. NATURE OF ACTION AND CONTENTIONS OF THE PARTIES This is an inmate civil rights action brought by Michael Rhymes, (Rhymes) pursuant to 42 U.S.C. § 1983. Rhymes is a prisoner in the custody of the Nevada Department of Corrections (NDOC), currently housed at Lovelock Correctional Center (LCC). Rhymes is serving a life sentence with possibility for parole for lewdness with a minor. Rhymes submitted his First Amended civil rights complaint on May 5, 2016, alleging, among other things, that: Defendants Sablica and Nevin were deliberately indifferent to Rhymes’ serious medical condition by failing to provide a prescribed medication for Rhymes’ type 2 diabetes. / / / / / / 1. Plaintiff’s Contentions Rhymes contends that Sablica failed to respond to his requests for the previously prescribed medication, and that both Sablica and Nevin were aware of the situation because he spoke to each of them personally about the failure to provide the prescribed medication. 2. Defendant’s Contentions Defendants contend that the evidence does not support Plaintiff’s allegations. Defendants incorporate any Affirmative Defenses from the Answer as it pertains to Defendants Sablica and Nevin. Defendants deny that Plaintiff’s constitutional rights have been violated. Plaintiff seeks compensatory damages of $150,000 and punitive damages in the amount of $75,000 dollars. Plaintiff also seeks a permanent injunction prohibiting High Desert State Prison from going more than 72 hours to provide prescribed medication. This is a civil action commenced under 42 U.S.C. § 1983. This Court has jurisdiction pursuant to 28 U.S.C. § 1331. III. UNCONTESTED FACTS ADMITTED BY THE PARTIES WHICH REQUIRE NO 1. Rhymes is, and at all times herein was, an inmate in the custody of the NDOC, currently residing at Lovelock Correctional Center. Rhymes was incarcerated at all times relevant to the Complaint. 2. Defendants Sablica, and Nevin were, during the events in question, employees of the 3. On December 2013, Rhymes was prescribed Hydrochlorothiazide 25 mg, Metformen HCL 500mg, Lisinopril 20mg, and Glipizide 5mg. 4. On January 22, 2014, Rhymes requested refills on Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. / / / 5. On January 26, 2014, Rhymes signed for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 6. On March 5, 2014 Rhymes requested refills on Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 7. On March 13, 2014 Rhymes was prescribed Metformin. 8. On March 15, 2014 Rhymes signed receipt of Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 9. On March 22, 2014 Rhymes requested refills for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 10. On March 23, 2014 Rhymes signed a receipt for Metformin 11. On a date uncertain Rhymes signed a receipt for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 12. On May 2, 2014, Rhymes signed for receipt of Metformin and Lisinopril. 13. On May 20, 2014 Rhymes submitted a kite noting he did not receive Glipizide or Hydrochlorothiazide. 14. On May 23, 2014 Rhymes signed a receipt for Metformin and Lisinopril. 15. On May 27, 2014 Rhymes’ prescriptions for Glipizide, and Hydrochlorothiazide were renewed. 16. On May 29, 2014 at 6:00 a.m. Rhymes filed an informal grievance # 2006-29-79783 alleging he did not receive Glipizide or Hydrochlorothiazide. 17. On May 29, 2014 Rhymes signed a receipt for Glipizide and Hydrochlorothiazide. 18. On June 27, 2014 Rhymes requested refills of Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril. 19. On June 28, 2014 Rhymes signed a receipt for Glipizide, Metformin, Hydrochlorothiazide and Lisinopril. 20. On July 28, 2014 Rhymes requested refills of Glipizide, Metformin, Hydrochlorothiazide and Lisinopril. / / / 21. On August 3, 2014 Rhymes signed a receipt for Glipizide, Metformin, Hydrochlorothiazide and Lisinopril. 22. On a date uncertain, while still residing at HDSP, Rhymes signed a receipt for Glipizide and Hydrochlorothiazide. The following facts, though not admitted, will not be contested at trial by evidence to the contrary: NONE V. CONTESTED ISSUES OF FACT TO BE TRIED AND DETERMINED UPON TRIAL See First Amended Complaint. 1. Whether Plaintiff has met his burden of producing evidence supporting the facts set forth above, i.e. whether he can prove that Defendant Sablica or Nevin were aware of his medical condition and deliberately and maliciously ignored that situation, resulting in injury to Plaintiff. 2. Whether any form of damages is available to Plaintiff for any deliberate indifference on the part of Defendants Sablica or Nevin. VI. CONTESTED ISSUES OF LAW TO BE TRIED AND DETERMINED UPON TRIAL 1. Whether or not Defendants Sablica and Nevin were deliberately indifferent to Plaintiff’s serious medical issues. 1. Did Sablica or Nevin violate Plaintiff’s constitutional rights? 2. As a matter of law, is Plaintiff entitled to compensatory damages of $150,000? 3. As a matter of law, is Plaintiff entitled to punitive damages of $75,000? A. STIPULATED EXHIBITS AS TO AUTHENTICITY AND ADMISSIBILITY 1. Mr. Rhymes Medical Kites and KOP Medication Log. 2. Progress Notes and Physicians Orders related to Mr. Rhymes maintained by NDOC. B. STIPULATED EXHIBITS AS TO AUTHENTICITY BUT NOT ADMISSIBILITY 1. None. 1. 2. 3. 4. 1. Plaintiff’s Medical file; 2. Plaintiff’s Movement History Report; 3. Plaintiff’s housing history report; 4. Plaintiff’s Grievance file, including all relevant grievances; 5. Certified Judgment(s) of Conviction of Plaintiff for underlying offense (only if needed for impeachment); 6. Plaintiff’s Institutional File (“I-File”); 7. Plaintiff’s NDOC Central File (“C-File”); 8. Law Library Logs; 9. Legal Mail Logs for relevant time period; 10. Law Library Brass Slips; 11. Plaintiff’s Case Notes as maintained on the NDOC NOTIS system from 2014 to Present. 12. All prison logs, registers, documents, or other form of data pertaining to any and all of Plaintiff’s claims, especially any unauthorized mail logs or mail logs. 13. Any and all other exhibits that may support the statements of fact and law cited herein and to rebut Plaintiff’s statements, claims, and testimony. 14. Any and all other exhibits that rebut witnesses that might be called to respond to claims made by either Plaintiff or any of his proposed witnesses; 1. None. A. PLAINTIFF’S WITNESSES: Plaintiff wishes to reserve the right to call the following persons: 1. Himself. 2. 3. B. DEFENDANT’S WITNESSES: Defendants wish to reserve the right to call the following persons: 1. Plaintiff Michael Rhymes, Inmate, Lovelock Correctional Center; 2. Defendant Cynthia Sablica, c/o Dennis W. Hough, Office of Attorney General, 100 N. Carson St. Carson City, Nevada 89701-4717. 3. Defendant Dwight Nevin, c/o Dennis W. Hough, Office of Attorney General, 100 N. Carson St. Carson City, Nevada 89701-4717. 4. Michael Koehn, c/o Dennis W. Hough, Office of Attorney General, 100 N. Carson St. Carson City, Nevada 89701-4717. 5. Custodian(s) of Record for any exhibits identified above, c/o Dennis W. Hough, Office of the Attorney General, 100 N. Carson Street, Carson City, NV 89701-4717, (775) 684-1100. 6. Any and all rebuttal witnesses that might be called to respond to claims made by either Plaintiff or any of his witnesses. 7. Any and all other witnesses that have personal knowledge supporting Defendant’s statements of fact or law cited herein. 8. All witnesses identified by Plaintiff, whether or not called to testify at trial. Plaintiff and Defendants reserve the right to interpose objections to the calling of any named witness listed above prior to or at trial. Plaintiff and Defendants’ Counsel expressly understand that the Clerk shall set the trial of this matter at the convenience of the Court's calendar. A jury has been requested. / / / The following are three weeks in which both parties are available: The week of February 3 The week of February 10 The week of February 24 It is estimated that the trial herein will take a total of 2–3 days. DATED this 22nd day of October, 2019. APPROVED AS TO FORM AND CONTENT: MICHAEL RHYMES, #78115 Plaintiff Pro Se AARON D. FORD Attorney General /s/ Dennis W. Hough DENNIS W. HOUGH, BAR NO. 11995 Deputy Attorney General Attorneys for Defendants This casTeh isis s ceat sfoer i jsu rsye tt rfiaolr o jnu rsyta tcrkiaeld o cna ltehned astra ocnk eFde bcraulaernyd 1a0r, o2n0 2_0_ _at_ 8_:_3_0_ a_._m_. _in_ _R_e,n 2o0 C1o9u. r tCroaolmen 3d ar call before Judge Robert C. Jones. Calendar Call will take place on Monday, February 3, 2020 at 10:00 wa.imll. tiank Ree pnloa cCeo ourntr _oo_m__ 3_ _b_ef_o_re_ _J_u_dg_e_ ,R 2o0b1e9rt. C. Jones. , , The parties have approved the pretrial order to this action as evidenced by their signatures or the IT IS SO ORDERED s. ignatures of their attorneys hereon, and the order is hereby entered and will govern the trial of this . c. ase. This order may not be amended except by court order and based upon the parties’ agreement or to . p r e v e n t m a n i f e s t i n j u s t i c e . ______________________ Robert C. Jones IT IS SO ORDERED United States District Judge . . Dated:________________ U.S. DISTRICT JUDGE DATED: I certify that I am an employee of the Office of the Attorney General, State of Nevada, and that on this 22nd day of October 2019, I caused to be deposited for mailing a true and correct copy of the forgoing, PARTIES’ PROPOSED JOINT PRETRIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(3) (JOINT PRETRIAL ORDER), to the following: Michael Rhymes #78115 Care of LCC Law Librarian Lovelock Correctional Center 1200 Prison Road Lovelock, Nevada 89419 lcclawlibrary@doc.nv.gov /s/ Perla M. Hernandez ________ An employee of the Office of the Attorney General