Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Seely v. Baca

United States District Court, D. Nevada

April 3, 2019

EDWARD SEELY, Plaintiff,
v.
ISIDRO BACA, RON SCHRECKENGOST, LISA WALSH, E.K. MCDANIEL, GREG COX, BRIAN SANDOVAL, ROSS MILLER, CATHERINE CORTEZ-MASTO, Defendants. WILLIAM LYONS, Plaintiff,
v.
ISIDRO BACA, JAMES "GREG" COX, E. K. MCDANIEL, BRIAN SANDOVAL, RONALD SCHRECKENGOST, and LISA WALSH Defendants.

          AARON 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

         Plaintiffs, 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.

         District 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).

         The 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.

         Additionally, 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.

         This 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.

         Furthermore, 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.

         Accordingly, 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:

         1. The week beginning August 26, 2019;

         2. The week beginning September 2, 2019.

         The 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.