United States District Court, D. Nevada
D. FORD Attorney General GERRI LYNN HARDCASTLE Deputy
Attorney General, Bar No. 13142 State of Nevada Public Safety
Division Attorneys for Defendants Jackson Hardy, William
Holbert, And Tim Robinson
DEFENDANT'S MOTION TO CONTINUE SETTLEMENT
Jackson Hardy, William Holbert, and Tim Robinson, by and
through counsel, Aaron D. Ford, Attorney General of the State
of Nevada, and Gerri Lynn Hardcastle, Deputy Attorney
General, hereby move this Court to continue the settlement
conference currently scheduled for 9:00 a.m. on July 11,
OF POINTS AND AUTHORITIES
a pro se inmate civil rights action brought pursuant
to 42 U.S.C. § 1983. ECF No. 15 at 1. Plaintiff, Rodney
Davis ("Plaintiff'), is an inmate in the lawful
custody of the Nevada Department of Corrections
("NDOC"). Id. He alleges violations of his
rights under the Eighth Amendment to the U.S. Constitution
and claims that Defendants used excessive force against him.
Id. at 4. Defendants in this action are Hardy,
Holbert, and Robison (collectively, "Defendants").
Id. at 7.
13, 2019, this Honorable Court scheduled a settlement
conference for 9:00 a.m. on July 11, 2019. ECF No. 7Oatl.
Counsel unfortunately neglected to recall that she had a
preexisting settlement conference for the same date and time
in another matter. See Coleman v. Robinson, et
al.t Docket No. 3:17-cv-00310-MMD-WGC, ECF
No. 38 at 1. Accordingly, Defendants respectfully request
this Court continue the settlement conference in this matter.
This Court is authorized to continue the settlement
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 any pre-trial matter should be granted
for good cause. Fed. R. Civ. P. 16(b)(4).
Good cause exists to continue the settlement
cause exists to continue the settlement conference based on
the scheduling conflict. As previously stated, counsel has a
preexisting settlement conference scheduled for 9:C0 a.m., on
July 11, 2019. Counsel regrets that she did not recall this
conflict while before the Court for hearing, and counsel
apologizes for the inconvenience caused by her error.
Nonetheless, counsel cannot be in two places at one time and
therefore needs this conference rescheduled. Counsel will be
unable to appear for a settlement conference on the following
• Tuesday, July 19, 2019 (in the afternoon);
• Thursday, July 11, 2019 (in the ...