United States District Court, D. Nevada
D. FORD Attorney General Katlyn M. Brady (Bar No. 14173)
Deputy Attorney General State of Nevada Office of the
Attorney General Attorneys for Defendants James Cox, James
Dzurenda, Rashonda Smith, Jo Gentry, and Brian Williams
DEFENDANTS' MOTION TO CONTINUE THE SETTLEMENT
CONFERENCE (FIRST REQUEST)
James Cox, James Dzurenda, Rashonda Smith, Jo Gentry, and
Brian Williams, by and through counsel, Aaron D. Ford, Nevada
Attorney General, and Katlyn M. Brady, Deputy Attorney
General, request this Court reschedule the Settlement
Conference currently scheduled for February 21, 2020.
OF POINTS AND AUTHORITIES
Johnson is an inmate lawfully incarcerated in the Nevada
Department of Corrections. On March 1, 2018, Johnson filed
the First Amended Complaint. ECF No. 7. On February 20, 2019,
this Court issued a Screening Order permitting two claims to
proceed. ECF No. 10.
December 2, 2019, Johnson filed a Motion for Partial Summary
Judgment. ECF No. 34. On December 5, 2019, Defendants filed a
Motion for Summary Judgment. ECF No. 35. These motions remain
December 17, 2019, this Court entered an Order Setting a
Settlement Conference for February 21, 2019. ECF No. 40.
is involved in several federal court cases, including
Lausteveion Johnson v. Northern Nevada Correctional
Center, et al., Case No. 2: 15-cv-00884-JAD-NJK. On
January 2, 2020, the Honorable Judge Dorsey set a bench trial
in this matter for February 20, 2020. Undersigned counsel is
the lead counsel in both cases. Further, the bench trial in
0884 has already been moved once due to Johnson's
litigation schedule. Specifically, the bench trial was
initially scheduled for January 17, 2020. However, the trial
was moved because Johnson has a Settlement Conference in
another case scheduled for January 17, 2020.
now seek to reschedule the Settlement Conference as
undersigned counsel will be unable to prepare for the
settlement conference, given Johnson has a trial scheduled
for the day before the Settlement Conference. Further, while
the parties anticipate the trial lasting one day, due to the
number of witnesses it may last two days.
courts have inherent power to control their dockets.
Hamilton Copper & Steel Corp. v. Primary Steel,
Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Olivia v.
Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). Under
Fed.R.Civ.P. 16(b)(a) "schedule shall not be modified
except upon a showing of good cause and by leave of the
district judge or, when authorized by local rule, by a
Court should reschedule the February 21, 2020 Settlement
Conference. Undersigned counsel is currently scheduled to
participate in a federal bench trial on February 20, 2020.
See Declaration of Counsel, attached as Exhibit A.
As the Settlement Conference in this matter is scheduled for
the day after the trial, undersigned counsel will be unable
to adequately prepare for the settlement conference.
Id. As undersigned counsel is lead counsel in both
matters, the Settlement Conference cannot be transferred to
another attorney because a new attorney would need additional
time to familiarize themselves with this case.
preparing for the Settlement Conference while Johnson and
counsel simultaneously prepare for trial may raise an ethical
issue. Specifically, it appears improper for undersigned
counsel to contact and discuss settlements with Johnson,
while he is simultaneously working with counsel in another
case. This is particularly concerning, as Johnson has
proposed several ...