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)

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Case 2:17-cv-00562-MMD-NJK Document 164 Filed 01/18/23 Page 1 of 3 1 2 3 4 5 6 7 8 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: (702) 792-7000 Fax: (702) 796-7181 landerson@kcnvlaw.com kkalkowski@kcnvlaw.com Attorneys for Defendants Eddie Scott, Kevin Patimeteeporn, and Timothy Dorion 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 15 16 17 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. 18 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 CASE NO.: 19 Defendants, Eddie Scott, Kevin Patimeteeporn and Timothy Dorion (“LVMPD 20 Defendants”), through their counsel, Kaempfer Crowell, and Plaintiff, Luis Cervanes (“Plaintiff”) 21 through his counsel, Trevor Hatfiled, hereby jointly stipulate and agree to a third continuance of 22 the jury trial and represent as follows: 23 /// 24 /// 3333713_1.doc 6943.153 Page 1 of 3 Case 2:17-cv-00562-MMD-NJK Document 164 Filed 01/18/23 Page 2 of 3 1 February 27, 2023 at 9:00 a.m. and a Calendar Call is currently set for February 21, 2023 at 1:00 3 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 5 parties’ third request for a continuance of the jury trial [ECF Nos. 155 and 161], and all trial 6 related deadlines. The parties respectfully request that the trial be moved to the Court’s June 27 7 trial stack. 8 3) This Court has discretion to re-schedule the current trial setting. District courts 9 have inherent power to control their dockets. Hamilton Copper & Steel Corp., v. Primary Steel, 10 Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cor. 1992). A 11 motion for continuance of trial should be granted for good cause. Fed. R. Civ. P. 16(b)(4). “The 12 determination of whether to grant a motion for trial continuance rests in the sound discretion of the 13 trial court.” U.S. v. Makley, 468 F2.d 916, 917 (9th Cir. 1972). 14 KAEMPFER CROWELL A Jury Trial in this matter is currently set on a three-week stack to commence on 2 4 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 1) 4) The parties submit that good cause for a continuance of the current jury trial exists. 15 As the Court is aware, the individual Defendants in this matter are Clark County Detention Center 16 Corrections Officers. Two of the individual Defendants have conflicts with the current trial date 17 for the following reasons. Defendant Scott is currently a member of the United States Army 18 Reserve and has orders from his command requiring him to attend training on March 2, 2023 and 19 March 3, 2023 and thus he would be unavailable those days. Defendant Patimeteeporn is currently 20 a specialized (SERT) instructor at the Las Vegas Metropolitan Police Department’s Academy for 21 Correction Officer recruits. 22 February 27, 2023 through March 10, 2023 and will not be available. He will be instructing the entire Corrections Officer Academy 23 24 3333713_1.doc 6943.153 Page 2 of 3 Case 2:17-cv-00562-MMD-NJK Document 164 Filed 01/18/23 Page 3 of 3

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