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

Filing 164

ORDER granting 163 Stipulation to continue trial. The Calendar Call set for 2/21/2023 at 1:00 PM is reset to 6/20/2023 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. The hearing will be telephonic. Counsel must call 1-888 -251-2909, at least 10 minutes prior to the hearing. The code is 3803398 and the pass code is 062023. The use of cell phones and/or speaker phones is prohibited. The Jury Trial set for 2/27/2023 at 9:00 AM is reset to 6/27/2023 at 09:00 AM in a LV Courtroom to be determined before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 1/18/2023. (Copies have been distributed pursuant to the NEF - PAV)

Case 2:17-cv-00562-MMD-NJK Document 164 Filed 01/18/23 Page 1 of 3

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LYSSA S. ANDERSON
Nevada Bar No. 5781
KRISTOPHER KALKOWSKI
Nevada Bar No. 14892
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants Eddie Scott,
Kevin Patimeteeporn, and Timothy Dorion

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LUIS CERVANTES,

KAEMPFER CROWELL

2:17-cv-00562-MMD-DJA

Plaintiff,

vs.

LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, a political subdivision of the
State of Nevada; EDDIE SCOTT, P#15631, in
his individual and official capacities; KEVIN
PATIMETEEPORN, P#14529, in his
individual and official capacities; and
TIMOTHY DORION, P#14942, in his
individual and official capacities,

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE JURY TRIAL
(Third Request)

Defendants.

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

CASE NO.:

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Defendants, Eddie Scott, Kevin Patimeteeporn and Timothy Dorion (“LVMPD

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Defendants”), through their counsel, Kaempfer Crowell, and Plaintiff, Luis Cervanes (“Plaintiff”)

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through his counsel, Trevor Hatfiled, hereby jointly stipulate and agree to a third continuance of

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the jury trial and represent as follows:

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///

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///

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February 27, 2023 at 9:00 a.m. and a Calendar Call is currently set for February 21, 2023 at 1:00

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p.m. via telephone.
2)

This request is submitted pursuant to LR IA 6-1, 6-2 and LR II 7-01 and is the

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parties’ third request for a continuance of the jury trial [ECF Nos. 155 and 161], and all trial

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related deadlines. The parties respectfully request that the trial be moved to the Court’s June 27

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trial stack.

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3)

This Court has discretion to re-schedule the current trial setting. District courts

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have inherent power to control their dockets. Hamilton Copper & Steel Corp., v. Primary Steel,

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Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cor. 1992). A

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motion for continuance of trial should be granted for good cause. Fed. R. Civ. P. 16(b)(4). “The

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determination of whether to grant a motion for trial continuance rests in the sound discretion of the

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trial court.” U.S. v. Makley, 468 F2.d 916, 917 (9th Cir. 1972).

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KAEMPFER CROWELL

A Jury Trial in this matter is currently set on a three-week stack to commence on

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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The parties submit that good cause for a continuance of the current jury trial exists.

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As the Court is aware, the individual Defendants in this matter are Clark County Detention Center

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Corrections Officers. Two of the individual Defendants have conflicts with the current trial date

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for the following reasons. Defendant Scott is currently a member of the United States Army

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Reserve and has orders from his command requiring him to attend training on March 2, 2023 and

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March 3, 2023 and thus he would be unavailable those days. Defendant Patimeteeporn is currently

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a specialized (SERT) instructor at the Las Vegas Metropolitan Police Department’s Academy for

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Correction Officer recruits.

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February 27, 2023 through March 10, 2023 and will not be available.

He will be instructing the entire Corrections Officer Academy

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