Matthews et al v. Las Vegas Metropolitan Police Department

Filing 110

ORDER. IT IS ORDERED that 105 Defendants Motion for Pretrial Settlement Conference is GRANTED. The Court will enter a separate order with further details scheduling the settlement conference. Signed by Magistrate Judge Daniel J. Albregts on 6/9/2021. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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AMANDA MATTHEWS; JAMES
IIAMS,
Plaintiffs,

Case No. 2:18-cv-00231-RFB-DJA
ORDER

v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

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Defendants.

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This matter is before the Court on Defendants’ Motion for Pretrial Settlement Conference

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(ECF No. 105), filed on May 12, 2021. Plaintiff filed a Response (ECF No. 107) on May 26,

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2021. Defendants filed a Reply (ECF No. 109) on June 2, 2021.

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Defendants argue that given previous rulings, the only issue at trial, for the most part, is

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damages. Defendants wish to reach a global settlement with Plaintiff and a settlement conference

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would be much less costly than a trial and would save court resources. Finally, Defendants point

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out that in conjunction with a pending interlocutory appeal, the parties participated in the Circuit

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mediation program, but the mediator essentially abandoned the case. Defendants note they

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contacted Plaintiff’s counsel to see if they would agree to a settlement conference, but Plaintiff’s

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counsel declined.

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Plaintiffs filed a limited Opposition to the motion indicating reservations about the

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efficacy of a settlement conference’s ability to resolve their equitable claims. Plaintiff requests

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that if the Court orders a settlement conference, it require the ultimate policy maker for Defendant

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LVMPD to attend with authority to settle and “make lasting changes in relation to LVMPD’s

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policies, procedures and training,” and that the trial not be delayed or postponed. Defendants

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reply that they will ensure that in-house legal counsel for LVMPD will be present with financial

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and non-monetary authority to participate in good faith and that LVMPD’s legal counsel’s

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authority is derived directly from the Sheriff.

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Under Local Rule 16-5, “[t]he court may set any appropriate civil case for settlement

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conference or other alternative method of dispute resolution…” The Court generally does not

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grant motions for settlement conferences that are opposed. McCarty v. Roos, N. 2:11-cv-01538-

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JCM-NJK, 2013 WL 5436578, at *2 (D. Nev. Sept. 27, 2013). Here, the reason for Plaintiff’s

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limited opposition is adequately addressed by the Defendants in their reply given their willingness

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to ensure that a representative of the Defendants will be present with authority to settle both the

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monetary claims and the equitable relief requested. As such, it appears as though Plaintiff would

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agree to participate in a settlement conference given the only reason for filing a limited opposition

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has been addressed. Finally, given that a trial date has not been set, this order should not affect a

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trial date, the setting of which is completely in the purview of the District Court Judge.

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IT IS THEREFORE ORDERED that Defendants’ Motion for Pretrial Settlement

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Conference (ECF No. 105) is GRANTED. The Court will enter a separate order with further

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details scheduling the settlement conference.

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DATED: June 9, 2021
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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