1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Case 3:14-cv-00366-RFB-CSD Document 101 Filed 02/29/24 Page 1 of 4
`
`AARON D. FORD
` Attorney General
`JANET L. MERRILL (Bar No. 10736)
` Deputy Attorney General
`State of Nevada
`Office of the Attorney General
`555 E. Washington Ave., Ste. 3900
`Las Vegas, Nevada 89101
`(702) 486-3370 (phone)
`(702) 486-3773 (fax)
`Email: jmerrill@ag.nv.gov
`Attorneys for Defendant,
`Isidro Baca, Bruce Bannister, Ronald Centric,
`Greg Cox, John Keast, Bruce Spero
`and Lisa Walsh
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
`
`JOHN FLOWERS aka
`CRAIG JACOBSEN, JR,
`Plaintiff,
`
`vs.
`ISIDRO BACA, et al.,
`Defendants.
`
`Case No. 3:14-cv-00366-RFB-CSD
`
`JOINT STATUS REPORT REGARDING
`STATUS OF SETTLEMENT FUNDS
`
`Plaintiff John Flowers aka Craig Jacobsen, Jr. by and through his counsel, Jackson
`Lewis P.C., and Defendants, Isidro Baca, Bruce Bannister, Ronald Centric, Greg Cox,
`John Keast, Bruce Spero and Lisa Walsh, by and through counsel, Janet L. Merrill,
`Deputy Attorney General, hereby submit this Joint Status Report in response to
`Plaintiff’s Motion for Demand of Negotiation Settlement. ECF No. 99.
`1.
`On October 31, 2023, the parties submitted a Joint Notice of Settlement,
`which stated the parties had reached a settlement and were in the process of finalizing
`settlement documents.
`2.
`On December 28, 2023, the parties submitted a Joint Status Report
`Regarding Settlement. ECF No. 96. The stipulation stated the parties were in the process
`of finalizing the settlement documents and issuing the settlement checks, but this process
`
`1
`
`

`

`Case 3:14-cv-00366-RFB-CSD Document 101 Filed 02/29/24 Page 2 of 4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`was delayed, in part, due to the Arizona Department of Correction’s restrictions on
`accepting checks for inmate deposit accounts.
`3.
`On January 4, 2024, Plaintiff’s counsel met with Plaintiff via telephone to
`discuss the terms of the settlement agreement and explain how the settlement fund
`would be dispersed. Plaintiff indicated he understood how the funds would be dispersed.
`Counsel requested Plaintiff confirm when he received the funds as Arizona’s Department
`of Corrections, Inmate Banking Division provided this information directly to Plaintiff.
`4.
`On January 17, 2024, Plaintiff provided a signed copy of the settlement
`agreement and final release of all claims.
`5.
`After receiving the executed settlement agreement, the Nevada Department
`of Corrections issued one check and the State of Nevada issued the second settlement
`check. The two checks totaled the total settlement amount.
`6.
`On February 6, 2024, Plaintiff informed counsel via letter he had received
`the first settlement check but had yet to receive the second.
`7.
`Plaintiff’s counsel contacted Plaintiff’s case worker to request a telephone
`call regarding the settlement funds. However, the case worker stated that Plaintiff had
`been transferred to a new unit and counsel must contact the new unit case worker to
`arrange a call.
`8.
`Plaintiff’s counsel contacted the new case worker to request a telephone call
`to confirm whether Plaintiff had received the second check. The case worker informed
`Plaintiff’s counsel that “due to his current status,” Plaintiff could not participate in
`telephone calls until a mental health provider authorized it.
`9.
`As of February 27, 2024, Plaintiff’s counsel has yet to receive confirmation
`that Plaintiff can participate in a telephone call to confirm whether he received the
`second settlement check.
`10.
`On February 15, 2024, Plaintiff, without the assistance of counsel, filed a
`Motion for Demand of Negotiated Settlement. ECF No. 99. Plaintiff stated he had
`received the first settlement check but not the second.
`
`2
`
`

`

`Case 3:14-cv-00366-RFB-CSD Document 101 Filed 02/29/24 Page 3 of 4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Following the filing of this document, Katlyn M. Brady and Janet L. Merrill,
`11.
`as counsel of record, discussed the status of the second check and Plaintiff’s pro se motion.
`12. Ms. Merrill confirmed that the State of Nevada’s financial records
`demonstrate the second settlement check in the required amount was received, and
`cashed, by the Arizona Department of Corrections.
`13.
`During these conversations, Ms. Brady stated once Plaintiff confirmed he
`received the second check, the parties would submit a stipulation to dismiss this matter
`with prejudice.
`14.
`Plaintiff’s counsel is currently waiting for the Arizona Department of
`Corrections to allow Plaintiff to participate in a telephone call to confirm whether he has
`since received the second settlement check. Once the parties receive that information, a
`stipulation to dismiss will be submitted.
`///
`///
`///
`///
`///
`///
`///
`///
`///
`///
`///
`///
`///
`///
`///
`///
`
`3
`
`

`

`Case 3:14-cv-00366-RFB-CSD Document 101 Filed 02/29/24 Page 4 of 4
`
`Accordingly, the parties jointly request the Court deny Plaintiff’s pro se
`15.
`Motion to Enforce Settlement without prejudice to allow additional time to confirm
`Plaintiff’s receipt of the funds from the Arizona Department of Corrections from the
`cashed second settlement check.
`DATED this 29th day of February 2024. DATED this 29th day of February 2024.
`JACKSON LEWIS P.C.
`
`
`
`OFFICE OF ATTORNEY GENERAL
`
`By: __Katlyn M. Brady________________
` Katlyn M. Brady, Esq.
` Nevada Bar No. 14173
` Jackson Lewis P.C.
`300 South Fourth Street
`Suite 900
`Las Vegas, NV 89101
`Attorneys for Plaintiff
`
` By: Janet L. Merrill
`Janet L. Merrill, Esq.
`Nevada Attorney General’s Office
`Nevada Bar No. 10736
`555 E. Washington Avenue
`Suite 3900
`Las Vegas, NV 89101
`Attorneys for Defendants
`
`IT IS SO ORDERED.
`
`UNITED STATES MAGISTRATE JUDGE
`DATED:
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`4
`
`February 29, 2024
`
`