Pina v. United States

Opinion

JUAnSitOedN S Mtat.e Fs RAItEtoRrnSeOyN District of Nevada Nevada Bar Number 7709 VIRGINIA T. TOMOVA Assistant United States Attorney Nevada Bar Number 12504 501 Las Vegas Blvd. South, Suite 1100 Las Vegas, Nevada 89101 Telephone: (702)388-6336 Email: Virginia.Tomova@usdoj.gov Attorneys for Federal Defendants UNITED STATES DISTRICT COURT Daniel Pina, individually, Case No. 2:22-cv-01946-ART-MDC Plaintiff, Stipulation and Order to Schedule v. Settlement Conference and Stay Remaining Deadlines United States of America ex rel United States Postal Service; Does Driver, individually; Does Companies 1 through 10; and Does 11 through 20, inclusive, Defendants. Pursuant to LR 26-3 and the Court’s inherent power, the parties respectfully request that the Court set this matter for a settlement conference and stay the remaining discovery deadlines. This action arises under the Federal Tort Claims Act (“FTCA”) for alleged injuries to Plaintiff arising from a May 28, 2020, vehicle verses pedestrian accident. The parties believe that a settlement conference may lead to a resolution of this case. The parties have completed discovery and cutoff for discovery is January 31, 2024. The only remaining deadlines are those of February 29, 2024, for dispositive motions and March 4, 2024, for the proposed joint pretrial order. Without waiver or binding admission against either party, the parties submit that it would conserve their resources, as well as those of the Court, if the settlement conference for this matter were held before dispositive motions, if any, and preparation of the proposed joint pretrial order. A district court has wide latitude in controlling discovery, Volk v. D.A. Davidson & Co., 816 F.2d 1406, 1416–17 (9th Cir. 1987), as well as the inherent power to stay causes on its docket to avoid duplicative litigation, inconsistent results, and waste of time and effort, Stern v. United States, 563 F. Supp. 484, 489 (D. Nev. 1983) (Supreme Court citations omitted). If this case were not resolved at the settlement conference, the parties agree to submit within 14 days thereafter a new, proposed schedule for dispositive motions and the proposed joint pretrial order. Taking into accounts their schedules and obligations in other cases, the parties propose the following dates for a settlement conference: See forthcoming order /// /// /// /// /// /// /// /// /// /// /// /// /// /// Accordingly, the parties respectfully request that the Court grant this stipulation and thereafter issue a separate order setting the date, details, and requirements for the settlement conferenceand stay the remaining discovery deadlines. Respectfully submitted this 9th day ofJanuary 2024. ATTORNEYS United States Attorney /s/Joseph F. Schmitt /s/ Virginia T. Tomova Nevada Bar No. 9681 Assistant United States Attorney 4795 S. Durango Drive Las Vegas, Nevada 89147 Attorneys for Federal Defendants Telephone: (702) 877-1500 Attorneys for Plaintiff IT IS SO ORDERED: UNITED STATES MAGISTRATE JUDGE 1-16-2024 DATED: