Wilson v. United States of America et al

Filing 126

ORDER Granting 125 Stipulation to Continue (First Request). Calendar Call set for 4/5/2023 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 4/10/2023 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 11/21/2022. (Copies have been distributed pursuant to the NEF - TRW)

Case 2:18-cv-01241-JCM-NJK Document 126 Filed 11/21/22 Page 1 of 4

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MAINOR WIRTH, LLP

6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148
Phone: [phone] | Fax: [phone]

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BRADLEY S. MAINOR, ESQ.
Nevada Bar No. 7434
JOSEPH J. WIRTH, ESQ.
Nevada Bar No. 10280
ASH MARIE BLACKBURN, ESQ.
Nevada Bar No. 14712
MAINOR WIRTH, LLP
6018 S. Fort Apache Road, Ste. 150
Las Vegas, NV 89148-5652
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SONALOLITA WILSON

CASE NO.:

2:18-CV-01241-JCM-NJK

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Plaintiff
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vs.

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UNITED STATES OF AMERICA ;
LICETH DEMHA-SANTIAGO; JUAN
DEMHA; DOES I THROUGH X; AND
ROE CORPORATIONS 1 THROUGH X,

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STIPULATION AND
ORDER TO CONTINUE TRIAL (FIRST
REQUEST)

Defendants.
ALL RELATED MATTERS

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Pursuant to LR IA 6-1, the parties, by and through their respective counsel of record,

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hereby stipulate and request that this Court continue trial in the above-captioned matter to

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accommodate a private mediation with Ret. Judge Jennifer Togliatti on February 22, 2023.

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A. Reasons For the Continuance

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The parties have been discussing the potential for alternative resolution prior to trial. The

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case was not referred for a settlement conference in front of a United States Magistrate Judge as

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seems to be the usual course following the filing of a Proposed Joint Pre-Trial Order. As such, the

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parties discussed other alternative routes to resolution outside of trial.

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Page 1 of 4

MAINOR WIRTH, LLP

6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148
Phone: [phone] | Fax: [phone]

Case 2:18-cv-01241-JCM-NJK Document 126 Filed 11/21/22 Page 2 of 4

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Recently, the United States of America received approval and agreed to participate in

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private mediation with Ret. Judge Jennifer Togliatti, with stipulations. Before agreeing to and

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receiving authority to engage in a private mediation the following circumstances had to be

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overcome. First, the U.S. Attorney’s Office currently only has three AUSAs and three unfilled

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AUSA positions in the relatively small defensive section of the Civil Division. Second, but

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relatedly, during the past few months, undersigned defense counsel have been busy in

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particular with written and deposition discovery, motion practice, hearings, and settlement

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conferences, responding to new complaints, and getting up to speed with additional cases

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and deadlines in cases the undersigned have taken over after other AUSAs left the office.

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Third, the Deputy Civil Chief for the Defensive Section of the Civil Division departed. This

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departure required additional time for the undersigned AUSAs to recommend to and receive

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approval from management at the U.S Attorney’s Office to mediate the case. And finally, the

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U.S. Attorney’s Office encountered funding issues due to the end of the Federal

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Government’s fiscal year; there are typically several weeks during September–October during

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which the office cannot obligate funds for such things as retaining an expert or private

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mediator. Once the foregoing issues were overcome, the United States was able to agree to

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participate in a private mediation as described above. However, the soonest that Judge Togliatti

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has available to mediate this case is February 22, 2023. The parties have already reserved said

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date, pending a continuance of trial, which is set for January 23, 2023.

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Page 2 of 4

Case 2:18-cv-01241-JCM-NJK Document 126 Filed 11/21/22 Page 3 of 4

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The parties have discussed their availability for trial after the mediation on February 22,

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2023. The following are alternative dates to schedule trial: April 10, 2023, April 17, 2023, or

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May 15, 2023.

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DATED this 15th day of November 2022.

DATED this 15th day of November 2022.

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MAINOR WIRTH, LLP

UNITED STATES DISTRICT ATTORNEY

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/s/ Ash Marie Blackburn

/s/ Skyler Pearson

BRADLEY S. MAINOR, ESQ.
Nevada Bar No. 7434
JOSEPH J. WIRTH, ESQ.
Nevada Bar No. 10280
ASH MARIE BLACKBURN, ESQ.
Nevada Bar No. 14712
MAINOR WIRTH, LLP
6018 S. Fort Apache Road, Ste. 150
Las Vegas, NV 89148-5652
Counsel for Plaintiff

SKYLER PEARSON
Assistant United States Attorney
501 Las Vegas Blvd. So., Suite 1100
Las Vegas, NV 89101
Counsel for Defendant United States of
America

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MAINOR WIRTH, LLP

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6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148
Phone: [phone] | Fax: [phone]

B. Proposed Trial Dates

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DATED this 15th day of November 2022.
HALL JAFFE & CLAYTON, LLP

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/s/ Jan K. Tomasik

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STEVEN JAFFEE, ESQ.
Nevada Bar No. 7035
JAN K. TOMASIK, ESQ.
Nevada Bar No. 15104
7425 Peak Drive
Las Vegas, NV 89128-4438
Counsel for Defendants Demha-Santiago and
Juan Demha

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Case 2:18-cv-01241-JCM-NJK Document 126 Filed 11/21/22 Page 4 of 4

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Re: Wilson v. United States ofAmerica, et al.
2:18-CV-01241-JCM-NJK
[Proposed} Stipulation and Order to Continue Trial (First Request)
IT IS SO ORDERED that the trial cunently set for Januruy 23, 2023 be continued to
April 10, 2023, at 9:00 a.m.; and the Calendru· Call currently set for Januruy 18, 2023, at 1:30
p.m., be continued to April 5, 2023, at 1:30 p.m.

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ORDER

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