Johnson v. Berndt ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ADRIAN TL JOHNSON, Case No. 2:20-cv-00150-JAD-EJY 4 Plaintiff ORDER 5 v. 6 SGT. BERNDT, et al., 7 Defendants. 8 9 Pending before the Court is the Motion to Stay Discovery filed by Las Vegas Metropolitan 10 Police Department. ECF No. 38. LVMPD explains that on August 2, 2021, Plaintiff communicated 11 with Defendants by letter informing defense counsel that Plaintiff was being transferred to a mental 12 health facility for six months. Id. at 3; ECF No. 38-1. In his letter, Plaintiff requested “leave from 13 the pending matter … until [his] return to … CCDC.” ECF No. 38-1. LVMPD seeks a stay of 14 discovery consistent with Plaintiff’s inability to participate in this matter at least during the near 15 future. 16 The Court has inherent power to manage proceedings by ordering a stay of discovery. Bacon 17 v. Reyes, Case No. 2:12-cv-01222-JCM, 2013 WL 5522263, at *5 (D. Nev. Oct. 3, 2013). Plaintiff’s 18 inability to participate in the present litigation during the period of his stay at a mental health facility 19 supports LVMPD’s request and warrants the stay requested. 20 Accordingly, IT IS HEREBY ORDERED that the Motion to Stay Discovery (ECF No. 38) 21 is GRANTED. 22 IT IS FURTHER ORDERED that Las Vegas Metropolitan Police Department shall actively 23 monitor the Nevada Department of Corrections’ “inmate search” database for purposes of tracking 24 Plaintiff’s location and shall file a Notice with the Court within 14 days of Plaintiff’s return to CCDC 25 or other facility that will allow Plaintiff’s participation in this lawsuit. 26 27 1 IT IS FURTHER ORDERED that if the stay of discovery has not been lifted before, Las 2 Vegas Metropolitan Police Department shall file a Status Report no later than March 28, 2022 3 advising the Court of Plaintiff’s location. 4 IT IS FURTHER ORDERED that based on Plaintiff’s inability to participate in this lawsuit 5 due to his move to a mental health facility, Plaintiff’s Motion for Response of Notice of Summons 6 (ECF No. 35) is DENIED without prejudice and with leave to renew. 7 Dated this 27th day of September, 2021. 8 9 ELAYNA J. YOUCHAH 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27