Opinion
Case No. 2:19-cv-01021-GMN-DJA
08-31-2020
ANTHONY BAILEY, Plaintiff, v. JEREMY BEAN et al., Defendants.
AARON D. FORD Attorney General KATLYN M. BRADY (Bar No. 14173) Deputy Attorney General State of Nevada Office of the Attorney General 555 East Washington Ave., #3900 Las Vegas, Nevada 89101 (702) 486-0661 (phone) (702) 486-3773 (fax) Email: katlynbrady@ag.nv.gov Attorneys for Jeremy Bean Anthony Bailey, #36192 High Desert State Prison P.O. Box 650 Indian Springs, Nevada 89070 Email: HDSP_LawLibrary@doc.nv.gov Plaintiff, Pro Se CAROL A. KNIGHT, an employee of the Office of the Nevada Attorney General
AARON D. FORD
Attorney General
KATLYN M. BRADY (Bar No. 14173)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 East Washington Ave., #3900
Las Vegas, Nevada 89101
(702) 486-0661 (phone)
(702) 486-3773 (fax)
Email: katlynbrady@ag.nv.gov
Attorneys for Jeremy Bean
DEFENDANT'S MOTION TO RESCHEDULE THE EARLY MEDIATION CONFERENCE
(ECF NO. 9)
Defendant, Jeremy Bean, by and through counsel, Aaron D. Ford, Nevada Attorney General, and Katlyn M. Brady, Deputy Attorney General, requests this Court reschedule the October 30, 2020 early mediation conference because of a State Holiday.
I. INTRODUCTION
Defendant respectfully requests this Court reschedule the October 30, 2020 early mediation conference. October 30, 2020, is the recognized state holiday known as Nevada Day. Nevada state offices, including the Office of the Nevada Attorney General, are closed and state employees are given the day off. Accordingly, Defendant respectfully requests this Court reschedule the early case conference.
Nevada day celebrates the date which Nevada was admitted to the Union and takes the place of Columbus Day for state workers.
II. BACKGROUND
Plaintiff is an inmate lawfully incarcerated in the Nevada Department of Corrections (NDOC). Plaintiff filed a civil rights complaint pursuant to §1983. ECF No. 5. This Court issued a screening order and permitted a retaliation claim and a conspiracy to commit retaliation claim to proceed. ECF No. 6. The Office of the Nevada Attorney General then submitted a limited notice of appearance for Defendant Jeremy Bean. ECF No. 6.
This Court then set the early mediation conference for October 30, 2020, at 8:30 a.m. ECF No. 9. However, October 30, 2020, is a State recognized holiday known as Nevada Day. See http://hr.nv.gov/uploadedFiles/hrnvgov/Content/About/State%20Holidays.pdf . Accordingly, the Nevada Tort Fund Manager and NDOC client representatives are unavailable that day as it is a mandatory holiday. These individuals have the necessary settlement authority for this matter and are needed for the mediation.
The actual date of Nevada Day varies as it is always scheduled for the last Friday in October. Nevada actually became a state on October 31, 1884.
To assist this Court, Defendant Bean provides the following alternative dates for the early medication conference: November 20, 2020, at 1:30 p.m.; December 4, 2020, all day; December 11, 2020, all day; and December 18, 2020, all day.
The provided dates are all Fridays, which is the date set aside for southern early mediation conferences. --------
III. LEGAL ARGUMENT
District 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 magistrate judge."
Defendant Bean respectfully requests this Court reschedule the early mediation conference. October 30, 2020, is a state holiday and thus all state offices are closed. Further, state employees are provided this day off and thus the early mediation conference participants are unavailable.
IV. CONCLUSION
Defendant Bean respectfully requests this Court reschedule the early mediation conference in light of the state holiday.
DATED this 25th day of August, 2020.
AARON D. FORD
Attorney General
By: /s/ Katlyn M. Brady
KATLYN M. BRADY (Bar No. 14173)
Deputy Attorney General
Attorneys for Defendant
ORDER
The Court finds good cause to GRANT the motion. IT IS HEREBY ORDERED that the Inmate Early Mediation scheduled for October 30, 2020 is VACATED. The Court will issue a separate order resetting the mediation.
DATED: August 31, 2020.
/s/_________
Daniel J. Albregts
United States Magistrate Judge
CERTIFICATE OF SERVICE
I certify that I am an employee of the State of Nevada, Office of the Attorney General, and that on August 25, 2020, I electronically filed the foregoing DEFENDANT'S MOTION TO RESCHEDULE THE EARLY MEDIATION CONFERENCE (ECF NO. 9) via this Court's electronic filing system. Parties who are registered with this Court's electronic filing system will be served electronically.
Anthony Bailey, #36192
High Desert State Prison
P.O. Box 650
Indian Springs, Nevada 89070
Email: HDSP_LawLibrary@doc.nv.gov
Plaintiff, Pro Se
/s/ Carol A. Knight
CAROL A. KNIGHT, an employee of the
Office of the Nevada Attorney General