Howard v. Cox et al

Filing 84

ORDER Granting 83 Motion to Vacate re 81 Order Setting Settlement Conference. Confidential Written Evaluation Statements are due by 11/29/2021. Pre-Settlement Conference Telephonic Conference reset for 12/3/2021, at 3:00 PM - Telephonic befor e Magistrate Judge Brenda Weksler. Settlement Conference reset for 12/6/2021, at 9:00 AM in LV Courtroom 3B, before Magistrate Judge Brenda Weksler. Signed by Magistrate Judge Brenda Weksler on 10/14/2021. (Copies have been distributed pursuant to the NEF - YAW)

Case 2:17-cv-01002-JAD-BNW Document 83 Filed 10/13/21 Page 1 of 4
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AARON D. FORD
Attorney General
AUSTIN T. BARNUM (Bar No. 15174)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 East Washington Ave., Suite 3900
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
Email: [e-mail]
Attorneys for Defendants Minor Adams,
Romeo Aranas, Sonya Clark, James G. Cox,
James Dzurenda, Jo Gentry, Kyle Groover,
Benedicto Gutierrez, Julio Mesa, Wilfredo Piscos,
Conrad Porter, Francisco Sanchez, David Tristan,
Joselo Vicuna and Dean Willett

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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REGINALD C. HOWARD,
Plaintiff,

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v.

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GREG COX, et al.,
Defendants.

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Case No. 2:17-cv-01002-JAD-BNW
DEFENDANTS’ MOTION TO
VACATE THE ORDER
SCHEDULING SETTLEMENT
CONFERENCE (ECF NO. 81) AND
RESCHEDULE
(FIRST REQUEST)

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Defendants, Minor Adams, Romeo Aranas, Sonya Clark, James G. Cox, James

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Dzurenda, Jo Gentry, Kyle Groover, Benedicto Gutierrez, Julio Mesa, Wilfredo Piscos,

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Conrad Porter, Francisco Sanchez, David Tristan, Joselo Vicuna, and Dean Willett, by and

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through counsel, Aaron D. Ford, Nevada Attorney General, and Austin T. Barnum, Deputy

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Attorney General, hereby submit this motion to vacate and reschedule the settlement

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conference currently set for November 19, 2021, at 09:00 a.m. to the first half of December

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2021 on a date convenient to the Court. The Motion is based upon the attached

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memorandum of points and authorities, the pleadings herein on file, and any other evidence

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the Court determines is appropriate.

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Case 2:17-cv-01002-JAD-BNW Document 83 Filed 10/13/21 Page 2 of 4
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I.

BACKGROUND

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Defendant respectfully requests this Court to vacate the scheduled settlement

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conference and reschedule to the first half of December 2021 at the Court’s convenience.

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The Court ordered a settlement conference and scheduled said conference for November

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19, 2021. ECF No. 81. The Court’s order mandated parties with settlement authority to

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attend. Id. at 2:1-10. The Tort Claims Manager, a non-party member of the defense, retains

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settlement authority for monetary settlements above $500. This makes the Tort Claims

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Manager a required attendee. The Tort Claims Manager has three separate Early

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Mediation Conferences with the Federal District Court scheduled for the same day. The

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Torts Claims Manager advised their schedule is more open in the first half of December

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2021.

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Additionally, the previous Deputy Attorney General and Senior Deputy Attorney

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General assigned to this case left the employ of the State of Nevada’s Office of the Attorney

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General a short time before this order from the Court. Undersigned counsel returned to the

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office from long-term military orders on October 4, 2021. Counsel was provided a full case

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load on the same day and reviewed this case on October 5, 2021.

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II.

LEGAL ARGUMENT

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Defendant respectfully requests this Court vacate the order scheduling a settlement

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conference because good cause exists. District Courts have inherent power to control their

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dockets. Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th

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Cir. 1990) (citation excluded). “[T]he court may, for good cause, extend time . . . if a request

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is made, before the original time or its extension expires.” FED. R. OF CIV. PROC. 6(b)(1)(A).

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“A motion . . . to extend any date set by . . . scheduling order must . . . be supported by a

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showing of good cause for the extension.” Nevada Local R. 26-3. The Tort Claims Manager

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is a required attendee to this conference. This is the only person authorized to settle claims

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over $500. This person has three separate Early Mediation Conferences scheduled by the

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court on the same day. Additionally, undersigned counsel was assigned this case and a full

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case load. Undersigned counsel will benefit from the additional time to properly prepare

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Case 2:17-cv-01002-JAD-BNW Document 83 Filed 10/13/21 Page 3 of 4
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for this settlement conference and his role as legal adviser to the Defendants and

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individuals authorized to settle this case.

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III.

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CONCLUSION
Defendant respectfully requests this Court vacate the order scheduling a settlement

conference and reschedule the settlement conference in the first half of December 2021.
DATED this 13th day of October, 2021.

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Respectfully submitted,

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AARON D. FORD
Attorney General

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By: /s/ Austin T. Barnum
Austin T. Barnum (Bar No. 15174)
Deputy Attorney General
Attorneys for Defendants

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Order
IT IS ORDERED that ECF No. 83 is GRANTED. The Settlement
Conference scheduled for 11/19/2021 is VACATED and
RESCHEDULED to 12/6/2021 at 9:00 a.m.
On 11/29/2021, parties and counsel must send their confidential
written evaluation statement and preferred e-mail address for the
Zoom invitation to judicial clerk Radia Amari at
[e-mail].
A pre-Settlement Conference telephonic conference is set for
12/3/2021 at 3:00 p.m.

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IT IS SO ORDERED

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DATED: 4:51 pm, October 14, 2021

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE
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Case 2:17-cv-01002-JAD-BNW Document 83 Filed 10/13/21 Page 4 of 4
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CERTIFICATE OF SERVICE

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I certify that I am an employee of the State of Nevada, Office of the Attorney General,

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and that on October 13, 2021, I electronically filed the foregoing DEFENDANTS’

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MOTION

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CONFERENCE (ECF NO. 81) AND RESCHEDULE (FIRST REQUEST), via this

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Court’s electronic filing system. Parties who are registered with this Court’s electronic

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filing system will be served electronically.

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Reginald Howard, #13891
Ely State Prison
P.O. Box 1989
Ely, Nevada 89301
[e-mail]
Plaintiff, Pro Se

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TO

VACATE

THE

ORDER

SCHEDULING

SETTLEMENT

/s/ Sheri Regalado
Sheri Regalado, an employee of the
Office of the Nevada Attorney General

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