Cervantez v. Las Vegas Metropolitan Police Department Detention Service Division

Opinion

TREVOR J. HATFIELD, ESQ. 1 Nevada Bar No. 7373 2 HATFIELD & ASSOCIATES, LTD. 703 S. Eighth Street 3 Las Vegas, Nevada 89101 Telephone: (702) 388-4469 4 Facsimile: (702) 386-9825 5 Email: thatfield@hatfieldlawassociates.com Attorney for Plaintiff In Conjunction with Legal Aid Center of 6 Southern Nevada Pro Bono Project 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 CASE NO: 2:17-cv-00562-MMD-NJK LUIS CERVANTEZ, 10 11 Plaintiff, STIPULATION AND ORDER TO 12 vs. CONTINUE JURY TRIAL [SECOND REQUEST] 13 EDDIE SCOTT, et al., 14 Defendants. Jury Trial: 8/22/2022 @ 9:00 AM 15 Calendar Call: 8/15/2022 @ 10:00 PM 16 17 COMES NOW, Plaintiff Luis Cervantez (“Plaintiff”), by and through his counsel, the 18 law firm of Hatfield & Associates., Ltd., appearing pro bono publico, and Defendants Eddie 19 Scott, Kevin Patimeteeporn, and Timothy Dorion (“LVMPD Defendants”) by and through their 20 counsel, the law firm of Kaempfer Crowell, hereby stipulate and agree to a second continuance 21 of the jury trial currently scheduled on a three-week stack commencing on August 22, 2022 @ 22 23 9:00 AM with the calendar call scheduled on August 15, 2022 @ 10:00 AM. 24 This request is submitted pursuant to LR IA 6-1, 6-2 and LR II 7-1 and is the parties’ 25 second request for a continuance of jury trial [ECF #154] and [ECF #155] and to reschedule 26 accompanying deadlines for submission of documents, etc. 27 /// 28 District courts have inherent power to control their dockets. Hamilton Copper & Steel 1 2 Corp., v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 3 272, 273 (9th Cir. 1992). A motion for a continuance of trial should be granted for good cause. 4 FED. R. CIV. P. 16(b)(4). "The determination of whether to grant a motion for trial continuance 5 rests in the sound discretion of the trial court." U.S. v. Makley, 468 F.2d 916, 917 (9th Cir. 1972). 6 The parties respectfully stipulate, agree, and request that the Court continue the trial and 7 8 associated dates in this case. Plaintiff's counsel is representing Plaintiff pro bono in this 9 prisoner’s medical indifference case. Based upon information and belief, Plaintiff will be 10 released from incarceration in July 2022 and it will be much more pragmatic for Plaintiff to be 11 prepared for trial upon his release from incarceration than if Plaintiff is incarcerated, but Plaintiff 12 has not been released as yet. Moreover, Plaintiff’s counsel has a bench trial scheduled to begin 13 14 on August 22, 2022 in the Eighth Judicial District Court, Clark County, Nevada in Case No. 15 A789252, Sprewell v. Wilson, et al., which conflicts with this currently trial setting. Defendants’ 16 counsel has trial setting in September and October of this year. Because of this issue, Plaintiff's 17 and defense counsel conferred and agreed to continue this trial until Plaintiff is released from 18 incarceration and requests that this case be continued to the February 27, 2022 stack. 19 20 This request is not made for the purposes of undue delay and is brought in good faith. 21 Upon information and belief, the Court and parties will not be prejudiced by this request, and it 22 is surmised that judicial economy will be promoted with a continuance as Plaintiff will not 23 require transport. The additional time will also allow the parties' counsel to meet and confer 24 regarding pre-trial matters, to coordinate exhibits, and to facilitate a more efficient trial. 25 26 Furthermore, there should be no known inconvenience to the Court or parties, or any witness as a 27 result of this request for a continuance. This continuance will allow the parties more time to 28 prepare for trial, which again is believe will result in a more organized and efficient trial. 1 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, which has not 3) occurred since the first continuance as Plaintiff continues to be incarcerated. 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 date after consultation with the Court’s clerk: 1. February 27, 2023 @ 9:00 AM with the 1 calendar call on February 21, 2023 at 1:00 PM, by telephone. 11

12] DATED this 13% day of July, 2022 DATED this 14% day of July, 2022 an

HATFIELD & ASSOCIATES KAEMPFER CROWELL

g /s/ Trevor J. Hatfield /s/ Lyssa S. Anderson By: By: 15] PY-— Y= TREVOR J. HATFIELD, ESQ. LYSSA S. ANDERSON, ESQ. a 1 Nevada Bar No. 7373 Nevada Bar No. 5781 703 S. Eighth Street RYAN W. DANIELS, ESQ. 1 Las Vegas, Nevada 89101 Nevada State Bar No. 13094 18 Tel: (702) 388-4469 KRISTOPHER J. KALKOWSKI, ESQ Email: thatfield@hatfieldlawassociates.com Nevada State Bar No. 14892 l Attorney for Plaintiff In Conjunction with Tel.: (702) 792-7000 Legal Aid Center of Southern Nevada Pro Email: landerson@kenvlaw.com 2 Bono Project. Email: rdaniels@kcnvlaw.com Email: kkalkowski@kcnvlaw.com 21 Attorneys for Defendants Eddie Scott, Kevin Patimeteeporn, and Timothy Dorion 22 23 2 ORDER 25] IT IS SO ORDERED: LGA 2 UNITED STATES DISTRICT JUDGE 2 28 Dated:_ July 14, 2022

CERTIFICATE OF SERVICE 1

2 I HEREBY CERTIFY that on the 14th day of July, I filed and served the foregoing 3 STIPULATION AND PROPOSED ORDER TO CONTINUE TRIAL (Second Request) with 4 the Clerk of the Court using the ECF system which served the parties hereto electronically. 5 DATED: July 14, 2022 /s/ Trevor J. Hatfield 6 By:

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