Filed: Mar. 23, 2016
Latest Update: Mar. 23, 2016
Summary: STIPULATION AND ORDER TO VACATE TRIAL AND TO ALLOW SUPPLEMENTAL PLEADINGS RICHARD F. BOULWARE, II , District Judge . It is stipulated and agreed by and between Plaintiff, Reginald Howard, by and through counsel, Margaret McLetchie, Esq., and Defendants, by and through counsel, Adam Paul Laxalt, Nevada Attorney General, and Frank A. Toddre II, Deputy Attorney General, that trial be vacated and continued at the Court's discretion, and that the parties agree to allow additional supplemental pl
Summary: STIPULATION AND ORDER TO VACATE TRIAL AND TO ALLOW SUPPLEMENTAL PLEADINGS RICHARD F. BOULWARE, II , District Judge . It is stipulated and agreed by and between Plaintiff, Reginald Howard, by and through counsel, Margaret McLetchie, Esq., and Defendants, by and through counsel, Adam Paul Laxalt, Nevada Attorney General, and Frank A. Toddre II, Deputy Attorney General, that trial be vacated and continued at the Court's discretion, and that the parties agree to allow additional supplemental ple..
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STIPULATION AND ORDER TO VACATE TRIAL AND TO ALLOW SUPPLEMENTAL PLEADINGS
RICHARD F. BOULWARE, II, District Judge.
It is stipulated and agreed by and between Plaintiff, Reginald Howard, by and through counsel, Margaret McLetchie, Esq., and Defendants, by and through counsel, Adam Paul Laxalt, Nevada Attorney General, and Frank A. Toddre II, Deputy Attorney General, that trial be vacated and continued at the Court's discretion, and that the parties agree to allow additional supplemental pleadings regarding summary judgment.
Counsel Margaret McLetchie was appointed as pro bono counsel for Plaintiff Reginald Howard, pursuant to District of Nevada's Pilot Pro Bono Program on or about March 17, 2016. In light of that appointment, Counsel has agreed to allow Plaintiff to file a Supplemental Opposition to Summary Judgment and for Defendant to file a Sur-Reply to the supplemental opposition as detailed further below.
Additionally, the parties have agreed to vacate and continue calendar call and trial date to allow the parties to supplement their briefings, become familiar with the case, prepare for trial, and engage in meaningful settlement talks.
Further, based upon the new agreed upon briefing deadlines, the parties have also agreed to vacate the April 1, 2016, settlement conference until after dispositive motion practice and orders have been completed.
Pursuant to Dkt. 39, the following Trial dates had been set by Court Minute Order:
March 18, 2016: Last day to submit Confidential Mediation Statement
March 29, 2016: Last day to file Joint Pre-Trial Order
April 1, 2016: Settlement Conference
April 4, 2016: Last day to serve Offer of Judgment
April 5, 2016: Last day to file Motions in Limine, to submit
proposed Jury Instructions, and Voir Dire questions
April 12, 2016: Calendar Call
April 19, 2016: Trial
Counsel have agreed to the following terms,
A: To allow Plaintiff to re-file a new Opposition to Supplemental Motion for Summary Judgment, which had been previously filed as Dkt. #48 by April 18, 2016.
B: To allow the Parties to exchange initial disclosures by April 25, 2016. No disclosures have been exchanged to date and doing so will expedite the preparation of the Joint Pre-Trial matter.
C. That Defendant may file a Responsive Brief to Plaintiff's Opposition to Supplemental Summary Judgment, as detailed in Term A, by April 25, 2016.
D: To vacate the April 1, 2016, Settlement Conference and move it to a later date, after the Court renders a decision on remaining dispositive motions. Defendants have informed Plaintiffs that settlement is more likely without pending dispositive issues.
E: To vacate the current Trial Date and Calendar Call, respectively set for April 19, 2016, and April 12, 2016. The parties would leave the setting of a new trial date to the discretion of the Court, and suggest a scheduling conference with the Court to set all necessary trial related deadlines (the current dates are set forth above).
F: Counsel submits that they are unavailable for trial on the following dates:
i. May 11, 2016 — May 13, 2016
ii. June 9, 2016 — June 13, 2016
iii. July 5, 2016 — July 8, 2016
iv. July 26, 2016. Trial is set in the matter of Bell vs. State of Nevada, et al., Case no. 2:14-cv-00476-RFB-NJK in front of Judge Boulware and is expected to last three (3) days.
v. August 30, 2016. Trial is set in the matter of Mitchell v. Cox, et al., Case No. 2:12-cv-02082-RFB-CWH in front of Judge Boulware and is expected to last seven (7) days.
vi. August 25, 2016 — September 6, 2016
G: That in the event that this Court accepts the Stipulations herein, Defendants' "Emergency Motion to Vacate Trial Dates" (Dkt. 50) would hereby be rendered moot and may be withdrawn.
Counsel have agreed to all terms as provided above. Accordingly, Counsel has received proper authority to bind the parties to terms of said Stipulation.
IT IS SO ORDERED.
