Cervantes v. Las Vegas Metropolitan Police Department Detention Service Division et al

Filing 158

ORDER granting ECF No. 156 Stipulation to Continue Jury Trial : Calendar Call continued to 8/15/2022 at 1:00 PM before Chief Judge Miranda M. Du. Jury Trial continued to 8/22/2022 at 9:00 AM before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 12/20/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 2:17-cv-00562-MMD-NJK Document 158 Filed 12/20/21 Page 1 of 3

TREVOR J. HATFIELD, ESQ
1 Nevada Bar No. 7373
2 HATFIELD & ASSOCIATES, LTD.
703 S. Eighth Street
3 Las Vegas, Nevada 89101
Telephone: [phone]
4 Facsimile: [phone]
5 Email: [e-mail]
Attorney for Plaintiff In Conjunction with Legal Aid Center of
6 Southern Nevada Pro Bono Project
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

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LUIS CERVANTEZ,
Plaintiff,

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CASE NO: 2:17-cv-00562-MMD-NJK

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE JURY TRIAL

vs.
EDDIE SCOTT, et al.,
Defendants.

Jury Trial: 2/07/2022 @ 9:00 AM
Calendar Call: 1/31/2022 @ 1:00 PM

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COMES NOW, Plaintiff Luis Cervantez (“Plaintiff”), by and through his counsel, the

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law firm of Hatfield & Associates., Ltd., appearing pro bono publico, and Defendants Eddie

19 Scott, Kevin Patimeteeporn, and Timothy Dorion (“LVMPD Defendants”) by and through their
20 counsel, the law firm of Kaempfer Crowell, hereby stipulate and agree to a continuance of the
21 jury trial currently scheduled on a three-week stack commencing on February 7, 2022 @ 9:00
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AM with the calendar call scheduled on January 31, 2022 @ 1:00 PM to the jury trial on August
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22, 2022 @ 9:00 AM with the calendar call on August 15, 2022 @ 1:00 PM.
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This request is submitted pursuant to LR IA 6-1, 6-2 and LR II 7-1 and is the parties’ first

26 request for a continuance of jury trial [ECF #154] and [ECF #155] and to reschedule
27 accompanying deadlines for submission of documents, etc.
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Case 2:17-cv-00562-MMD-NJK Document 158 Filed 12/20/21 Page 2 of 3

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District courts have inherent power to control their dockets. Hamilton Copper & Steel

2 Corp., v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d
3 272, 273 (9th Cir. 1992). A motion for a continuance of trial should be granted for good cause.
4 FED. R. CIV. P. 16(b)(4). "The determination of whether to grant a motion for trial continuance
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rests in the sound discretion of the trial court." U.S. v. Makley, 468 F.2d 916, 917 (9th Cir. 1972).
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The parties respectfully stipulate, agree, and request that the Court continue the trial and
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8 associated dates in this case. Plaintiff's counsel is representing Plaintiff pro bono in this

703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

9 prisoner’s medical indifference case.

Based upon information and belief, Plaintiff will be

10 released from incarceration in July 2022 and it will be much more pragmatic for Plaintiff to be
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prepared for trial upon his release from incarceration than if Plaintiff is incarcerated. Because of
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this issue, Plaintiff's and defense counsel conferred and agreed to continue this trial until Plaintiff
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14 is released from incarceration.
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This request is not made for the purposes of undue delay and is brought in good faith.

16 The Court and parties will not be prejudiced by this request, and it is surmised that judicial
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economy will be promoted with a continuance as Plaintiff will not require transport. The
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additional time will also allow the parties' counsel to meet and confer regarding pre-trial matters,
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20 to coordinate exhibits, and to facilitate a more effective trial. Furthermore, there should be no
21 known inconvenience to the Court or parties, or any witness as a result of this request for a
22 continuance. This will allow the parties more time to prepare for trial, which will result in a
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more organized and efficient trial. Furthermore, a continuance would grant the parties additional
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time to re-open settlement negotiations and explore the possibilities for a settlement agreement
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26 prior to trial. The parties will in good faith use additional time to discuss possible ways to
27 resolve this matter before trial. Accordingly, the parties assert that the requisite good cause is
28 present to justify continuance pursuant to FED. R. CIV. P. 16(b)(4). Therefore, the parties

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Case 2:17-cv-00562-MMD-NJK Document 158 Filed 12/20/21 Page 3 of 3

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respectfully request that this Court continue the trial in this case and the associated dates. The

2 parties offer the following suggested trial date after consultation with the Court’s clerk: 1.
3 August 22, 2022 @ 9:00 AM with the calendar call on August 15, 2022 @ 1:00 PM.

.

4
th
5 DATED this 15 day of December, 2021

DATED this 15th day of December, 2021

6 HATFIELD & ASSOCIATES

KAEMPFER CROWELL

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/s/ Lyssa S. Anderson
By:
LYSSA S. ANDERSON, ESQ.
Nevada Bar No. 5781
RYAN W. DANIELS, ESQ.
Nevada State Bar No. 13094
KRISTOPHER J. KALKOWSKI, ESQ
Nevada State Bar No. 14892
Tel.: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants Eddie Scott, Kevin
Patimeteeporn, and Timothy Dorion

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703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

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/s/ Trevor J. Hatfield
By:
TREVOR J. HATFIELD, ESQ.
Nevada Bar No. 7373
703 S. Eighth Street
Las Vegas, Nevada 89101
Tel: [phone]
Email: [e-mail]
Attorney for Plaintiff In Conjunction with
Legal Aid Center of Southern Nevada Pro
Bono Project.

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ORDER

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IT IS SO ORDERED.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
Dated: 12/20/2021

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