Scott v. Sisolak

Opinion

Attorney General CHRIS DAVIS (Bar No. 6616) Senior Deputy Attorney General SAMUEL L. PEZONE, JR. (Bar No. 15978) Deputy Attorney General State of Nevada Office of the Attorney General 555 East Washington Ave., Suite 3900 Las Vegas, Nevada 89101 (702) 486-9252 (phone) (702) 486-3773 (fax) Email: cwdavis@ag.nv.gov Attorneys for Defendants STEVEN L. SCOTT, Case No. 2:22-cv-01801-APG-EJY Plaintiff, STIPULATION AND ORDER TO STAY DISCOVERY v. STEVE F. SISOLAK, et al., Defendants. Plaintiff, Steven Scott, by and through his attorney, Travis N. Barrick, of GALLIAN WELKER & ASSOCIATES, L.C., and Defendants, Terence Agustin, Sonya Carrillo, Barbara Cegavske, Charles Daniels, Aaron Ford, Benedicto Gutierrez, Michael Minev, Rochelle Ross, and Steve Sisolak, by and through counsel, Aaron D. Ford, Nevada Attorney General, Chris Davis, Senior Deputy Attorney General, and Samuel L. Pezone, Jr., Deputy Attorney General, hereby stipulate and agree to stay discovery until this Court resolves the issue of qualified immunity in Defendants’ motion for judgment on the pleadings. If the motion for judgment on the pleadings is denied, the parties further stipulate and agree to reset all of the deadlines in this Court’s scheduling order from the date the order on the motion to dismiss is entered. The parties hereby further stipulate and agree that a stay is appropriate in light of Defendants’ motion for judgment on the pleadings, in which Defendants’ assert qualified court should resolve that threshold question [of qualified immunity] before permitting discovery”); Mitchell v. Forsyth, 472 U.S. 511, 526 (1985) (holding that when a plaintiff's allegations fail to “state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery”); Behrens v. Pelletier, 516 U.S. 299, 306-07 (1996) (holding that qualified immunity “is meant to give government officials a right, not merely to avoid standing trial, but also to avoid the burdens of such pretrial matters as discovery.”) The above stipulations are made in good faith and not for the purposes of delay. Accordingly, the parties stipulate and agree as follows: 1. That discovery shall be stayed until this Court resolves the issue of qualified immunity in Defendants’ motion for judgment on the pleadings. 2. If the motion for judgment on the pleadings is denied, then all of the deadlines in this Court’s scheduling order shall be reset. DATED this 1st day of September 2023. DATED this 1st day of September 2023. Attorney General By: /s/ Travis N. Barrick By: /s/ Samuel L. Pezone, Jr. Travis N. Barrick (Bar No. 9257) Samuel L. Pezone, Jr (Bar No. 15978) GALLIAN WELKER & ASSOCIATES, L.C. Deputy Attorney General 730 Las Vegas Boulevard South, Suite 104 Attorneys for Defendants Las Vegas, Nevada 89101 T: (702) 892-3500 E: tbarrick@vegascase.com Attorney for Plaintiff IT IS SO ORDERED. ____________________________________________ DATED: September 2, 2023