Dorsey v. Esper

Filing 34

ORDER Granting 33 Unopposed Motion to Stay Proceedings Pending Compromise Settlement. Status Report due by 10/12/2018. Signed by Judge Andrew P. Gordon on 9/11/2018. (Copies have been distributed pursuant to the NEF - SLD)

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DAYLE ELIESON
United States Attorney
District of Nevada

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KRYSTAL J. ROSSE
Assistant United States Attorney
Nevada Bar No. 11573
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Email: [e-mail]

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Attorneys for the United States.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS DORSEY,

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Plaintiff,
v.
MARK T. ESPER, in his capacity as the
United States Secretary of the Army,

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Defendant.
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) Case No. 2:18-cv-00209-APG-NJK
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UNOPPOSED MOTION TO STAY
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PROCEEDINGS PENDING
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COMPROMISE SETTLEMENT
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Federal Defendant Mark T. Esper, in his official capacity as the United States Secretary

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of the Army, respectfully requests this Court enter a stay of all proceedings and deadlines,

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including all motion and discovery deadlines, until October 12, 2018, in order to allow the

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parties to finalize the terms of a settlement agreement and to execute and enter a Stipulation to

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Dismiss with Prejudice. Plaintiff does not oppose this request.

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In support of this motion, Federal Defendant submits as follows:

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1.

Over the past several weeks the parties have been engaged in settlement

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negotiations and have recently agreed in principal to a compromise settlement which will resolve

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all outstanding claims between the parties. Documents supporting this settlement are being

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prepared and the parties expect that the matter will be concluded within the next month.

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2.

Courts have broad discretion to stay proceedings for a limited time. See Landis v.

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N. Am. Co., 299 U.S. 248, 254-55 (1936); see also Clinton v. Jones, 520 U.S. 681, 706 (1997)

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(courts have broad discretion in the management of cases, including the setting of cases for trial).

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3.

The instant motion is filed in good faith and not for the purposes of delay.

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4.

If the matter is not concluded by October 12, 2018, the parties will file a status

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report advising of reasons that it is not concluded.
For the above reasons, Federal Defendant respectfully requests this Court stay the

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proceedings and deadlines in this matter until October 12, 2018.

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Respectfully submitted this 11th day of September 2018.

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DAYLE ELIESON
United States Attorney
/s/ Krystal J. Rosse
KRYSTAL J. ROSSE
Assistant United States Attorney

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
Dated: September 11, 2018.

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DATED:

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PROOF OF SERVICE
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I, Krystal J. Rosse, certify that the UNOPPOSED MOTION TO STAY
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PROCEEDINGS PENDING COMPROMISE SETTLEMENT was served this date on all
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parties via the Court’s Electronic Case Filing system.
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Dated this 11th day of September 2018.
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/s/ Krystal J. Rosse
KRYSTAL J. ROSSE
Assistant United States Attorney

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