Opinion
2:19-cv-00480-CDS-BNW
11-14-2023
KENTRELL D. WELCH, Plaintiff, v. MICHAEL MINOR, et al, Defendants.
AARON D. FORD Attorney General LEO T. HENDGES (Bar No. 16034) Senior Deputy Attorney General State of Nevada Office of the Attorney General Attorneys for Defendants Keith Benson, Steven Klomp, Kelli Lyons, and Louisa Sanders
AARON D. FORD
Attorney General
LEO T. HENDGES (Bar No. 16034)
Senior Deputy Attorney General
State of Nevada Office of the Attorney General
Attorneys for Defendants Keith Benson, Steven Klomp, Kelli Lyons, and Louisa Sanders
STIPULATION AND PROPOSED ORDER FOR STAY OF CASE PENDING EARLY EXHAUSTION MOTION FOR SUMMARY JUDGMENT
[FIRST REQUEST]
The parties, Plaintiff Kentrell D. Welch acting pro se, and Defendants by and through their counsel of record, hereby stipulate to stay the case, pending resolution of an Early Exhaustion Motion for Summary Judgment that Defendants plan to file, based on Plaintiffs administrative grievance history. This is the parties' first stipulation to stay the case.
'A court's power to stay proceedings is incidental to its inherent power to manage its docket." Stephens v. Comenity, LLC, 287 F.Supp.3d 1091, 1096 (D. Nev. 2017); citing Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936). "In determining whether a stay is appropriate, a court 'must weigh competing interests and maintain an even balance."' Id. at 1097; citing Landis, 299 U.S. at 254-55; see also Lockyer v. Mirant Corp., 398 F.3d 1098, 1110 (9th Cir. 2005). "These competing interests include: (1) possible damage resulting from granting a stay; (2) hardship or inequity to a party if the proceedings go forward; and (3) simplification or complication of issues, proof and questions of law from a stay." Id.; citing CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962).
As discovery has not commenced, neither party will be prejudiced with a stay in this case. The parties stipulate and agree that this case should be stayed pending the outcome of Defendants' Early Motion for Summary Judgment based on exhaustion. Defendants' Early Motion for Summary Judgment based on Exhaustion shall be filed on or before Monday, December 18, 2023, which is roughly thirty (30) days after the date of this stipulation and proposed order.
ORDER
Upon Stipulation of the parties, and good cause appearing therefore, it is hereby ORDERED the case is stayed pending resolution of Defendants Early Exhaustion Motion for Summary Judgment. If the Defendants fail to file the Motion on or before December 18, 2023, the stay will be lifted.