West v. Nye County Detention et al

Filing 137

ORDER Granting 136 Stipulation to Continue Re: 128 Order on Joint Pretrial Order. IT IS ORDERED that the calendar call, currently scheduled for 7/7/2020, be vacated and continued to 10/13/2020 at the hour of 8:45 a.m.; and the trial, currently scheduled for 7/13/2020, be vacated and continued to 10/19/2020, at the hour of 9:00 a.m. in Courtroom 6C. Signed by Judge Andrew P. Gordon on 2/14/2020. (Copies have been distributed pursuant to the NEF - JQC)

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ANGELA H. DOWS, ESQ.
Nevada Bar No. 10339
[e-mail]
CORY READE DOWS & SHAFER
1333 North Buffalo Drive, Suite 210
Las Vegas, Nevada 89128
Telephone: [phone]
Facsimile: [phone]
Pro Bono Counsel Referred
via the Legal Aid Center of Southern Nevada
for Plaintiff HYRUM JOSEPH WEST

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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***

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IT IS HEREBY STIPULATED by and between Angela H. Dows, Esq., counsel for

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Plaintiff HYRUM JOSEPH WEST, and Brian R. Hardy, Esq., counsel for remaining Defendant

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HYRUM JOSEPH WEST,
Plaintiff,

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v.

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NYE COUNTY, et al.,

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Defendants.

2:13-cv-00271-APG-VCF

STIPULATION TO CONTINUE
CALNDER CALL AND TRIAL
(First Request)

NYE COUNTY that the dates for: (1) calendar call, and (2) trial be extended for ninety (90) days

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or to a date convenient to this Court. This is the first stipulation of the parties to extend the trial
date. This Stipulation is entered into based upon the following:
1.

As of February of 2020, Plaintiff Hyrum West has an anticipated release date of

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July 9, 2020 from his custodial sentence.

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Corrections Inmate Search, available at: https://ofdsearch.doc.nv.gov/form.php

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under search for “Hyrum West.”)

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2.

(See

Nevada Department of

Plaintiff Hyrum West has indicated to his counsel that he wishes to be able to

complete his custodial sentence prior to the mediation and/or trial in the instant

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case.

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The parties agree with waiting to see if Plaintiff Hyrum West is released in or

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around July 9, 2020 for one or more reasons, including: (1) client

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communications/availability, (2) change in client circumstances as to a non-

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custodial status, and/or (3) the relative ability to negotiate with the client thereto.

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4.

That Plaintiff Hyrum West also indicated that he did not want to be transported

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for one or more matters during the end stages of his custodial status, due to

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interruptions with one or more of the following: (1) schooling, (2) work

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assignments, and/or (3) parole hearing(s).

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5.

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That the parties thus request that the July of 2020 trial date be continued so that
the matter may be: (1) determined whether Plaintiff Hyrum West will be released

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on or around July 9, 2020, and (2) have a settlement conference after Plaintiff

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Hyrum West’s anticipated July 9, 2020 release date, and before the current

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scheduled trial in the matter.

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6.

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The parties thus request a ninety (90) day continuance of the trial date in relation
thereto.

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That Plaintiff Hyrum West is currently incarcerated, and does not object to the
subject continuance. Further, Plaintiff Hyrum West specifically requests that the

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instant continuance be granted.
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8.

The additional time requested herein is being sought in good faith not sought for

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purposes of delay, but merely to allow the parties adequate time to determine

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whether Plaintiff Hyrum West will be released in July of 2020, and potentially

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negotiate a resolution of the case in the interim.

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DATED this 14th day of February, 2020.
CORY READE DOWS & SHAFER
By: /s/ Angela H. Dows
ANGELA H. DOWS, ESQ.
1333 North Buffalo Drive, Suite 210
Las Vegas, Nevada 89128
Pro Bono Counsel Referred
via the Legal Aid Center of Southern Nevada
for Plaintiff HYRUM JOSEPH WEST

MARQUIS AURBACH COFFING
By: /s/ Brian R. Hardy
BRIAN R. HARDY, ESQ.
1001 Park Run Drive
Las Vegas, Nevada 89145
Counsel for Defendant NYE COUNTY

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
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HYRUM JOSEPH WEST,

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Plaintiff,

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v.

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NYE COUNTY, et al.,

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Defendants.

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2:13-cv-00271-APG-VCF
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
ORDER THEREON

FINDINGS OF FACT
Based on the pending Stipulation of the parties, and good cause appearing therefore, the
Court finds that:

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1.

As of February of 2020, Plaintiff Hyrum West has an anticipated release date of

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July 9, 2020 from his custodial sentence. (See Nevada Department of Corrections Inmate
Search, available at: https://ofdsearch.doc.nv.gov/form.php under search for “Hyrum West.”)
2.

Plaintiff Hyrum West has indicated to his counsel that he wishes to be able to

complete his custodial sentence prior to the mediation and/or trial in the instant case.
3.

The parties agree with waiting to see if Plaintiff Hyrum West is released in or

around July 9, 2020 for one or more reasons, including: (1) client communications/availability,

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(2) change in client circumstances as to a non-custodial status, and/or (3) the relative ability to
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negotiate with the client thereto.
4.

The parties stipulated that the July of 2020 trial date be continued so that the

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matter may be: (1) determined whether Plaintiff Hyrum West will be released on or around July

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9, 2020, and (2) have a settlement conference after Plaintiff Hyrum West’s anticipated July 9,

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2020 release date, and before the current scheduled trial in the matter.

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5.

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relation thereto.

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6.

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The parties thus requested a ninety (90) day continuance of the trial date in

Plaintiff Hyrum West is currently incarcerated, and does not object to the subject

continuance.
7.

The additional time requested herein is being sought in good faith not sought for

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purposes of delay, but merely to allow the parties adequate time to determine whether Plaintiff
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Hyrum West will be released in July of 2020, and potentially negotiate a resolution of the case in
the interim.
CONCLUSIONS OF LAW

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1.

The additional time requested by this stipulation is sought in good faith not sought

for purposes of delay, but instead to allow the parties adequate time to determine Plaintiff Hyrum
West’s custodial status, taking into account the exercise of due diligence.

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2.

For all of the above-stated reasons, the ends of justice would best be served by an

approximately ninety (90) day continuance of the calendar call and trial dates in the matter.
ORDER

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IT IS THEREFORE ORDERED that the calendar call, currently scheduled for July

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7, 2020, be vacated and continued to October 13, 2020 at the hour of 8:45 a.m.; and the trial,

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currently scheduled for July 13, 2020, be vacated and continued to October 19, 2020, at the

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hour of 9:00 a.m. in Courtroom 6C.

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________________________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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