United States District Court, D. Nevada
D. FORD K Attorney General
GARRETT T. OGATA ESQ. The Law Offices of Garrett T. Ogata
Attorney for Plaintiffs
IANCARR Deputy Attorney General Bureau of Litigation Public
Safety Division Attorneys for Defendants
JOINT STIPULATION TO CONTINUE TRIAL
Edward Seely and William Lyons (Plaintiffs), by and through
counsel, Garrett T. Ogata, Esq., and
Defendants, Isidro Baca, James "Greg" Cox, E.K.
McDaniel, Brian Sandoval (official capacity only), Ronald
Schreckengost, and Lisa Walsh (Defendants), by and through
counsel, Aaron D. Ford, Attorney General of the State of
Nevada, and Ian Carr, Deputy Attorney General, hereby
stipulate and agree to continue (second) the trial in this
case and the associated dates established by the Court.
courts have inherent power to control their dockets.
Hamilton Copper & Steel Corp. v. Primary Steel,
Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v.
Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). A motion
for a continuance of trial should be granted for good cause.
Fed.R.Civ.P. 16(b)(4). "The determination of whether to
grant a motion for trial continuance rests in the sound
discretion of the trial court." US. v. Makley,
468 F.2d 916, 917 (9th Cir. 1972).
parties respectfully stipulate, agree, and request that the
Court continue the trial and associated dates in this case.
Plaintiff's counsel has a heavy criminal caseload to
clear in the coming months. Additionally, defense counsel has
been alerted that Defendant/witness former Director James
"Greg" Cox is undergoing a medical procedure on May
9, 2019 that cannot be rescheduled, which would conflict with
the current trial setting.
defense counsel is set to appear as co-counsel in
another case set for trial in August, Gruber v.
Gedney et al, 3:15-cv-00543-RCJ-CBC, to begin on Monday,
August 12, 2019 before Senior District Judge Robert C. Jones.
See Id. at ECF No. 134. The Gruber trial
setting may be firm, because that trial was moved once.
See Id. Because of this additional trial, the status
of former Director James "Greg" Cox, and
Plaintiffs' and defense counsel's upcoming
proceedings in other cases, Plaintiffs' and defense
counsel conferred and agreed to continue this trial until at
least late August or early September.
request is not made for the purposes of undue delay and is
brought in good faith. The Court and parties will not be
prejudiced by this request. The additional time will also
allow the parties' counsel to meet and confer regarding
pre-trial matters, to coordinate exhibits, and to facilitate
a more effective trial. Furthermore, there should be no known
inconvenience to the Court or parties, or any witness as a
result of this request for a continuance (absent another
unforeseen medical procedure). This will allow the parties
more time to prepare for trial, which will result in a more
organized and efficient trial.
a continuance would grant the parties additional time to
re-open settlement negotiations and explore the possibilities
for a settlement agreement prior to trial. The parties
exchanged an offer of judgment after the first continuance in
this case. The parties will in good faith use additional time
to discuss possible ways to resolve this matter before trial.
the parties assert that the requisite good cause is present
to justify continuance pursuant to FED. R. Civ. P. 16(b)(4).
Therefore, the parties respectfully request that this Court
continue the trial in this case and the associated dates. The
parties offer the following suggested trial dates:
week beginning August 26, 2019;
week beginning September 2, 2019.
calendar call set for 4/29/2019 at 1 pm is reset to August
19, 2019 at 1 pm. The jury trial set for May 7, 2019 at 9 am
is reset to August 27, 2019 at ...