Pina v. United States ( 2024 )

1 JUAnSitOedN S Mtat.e Fs RAItEtoRrnSeOyN 2 District of Nevada Nevada Bar Number 7709 3 VIRGINIA T. TOMOVA 4 Assistant United States Attorney Nevada Bar Number 12504 5 501 Las Vegas Blvd. South, Suite 1100 Las Vegas, Nevada 89101 6 Telephone: (702)388-6336 Email: Virginia.Tomova@usdoj.gov 7 Attorneys for Federal Defendants 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 Daniel Pina, individually, Case No. 2:22-cv-01946-ART-MDC 11 Plaintiff, Stipulation and Order to Schedule 12 v. Settlement Conference and Stay Remaining Deadlines 13 United States of America ex rel United States Postal Service; Does Driver, 14 individually; Does Companies 1 through 10; and Does 11 through 20, inclusive, 15 Defendants. 16 17 18 Pursuant to LR 26-3 and the Court’s inherent power, the parties respectfully request 19 that the Court set this matter for a settlement conference and stay the remaining discovery 20 deadlines. 21 This action arises under the Federal Tort Claims Act (“FTCA”) for alleged injuries to 22 Plaintiff arising from a May 28, 2020, vehicle verses pedestrian accident. The parties believe 23 that a settlement conference may lead to a resolution of this case. The parties have 24 completed discovery and cutoff for discovery is January 31, 2024. The only remaining 25 deadlines are those of February 29, 2024, for dispositive motions and March 4, 2024, for the 26 proposed joint pretrial order. 27 Without waiver or binding admission against either party, the parties submit that it 28 would conserve their resources, as well as those of the Court, if the settlement conference for 1 this matter were held before dispositive motions, if any, and preparation of the proposed joint 2 pretrial order. 3 A district court has wide latitude in controlling discovery, Volk v. D.A. Davidson & Co., 4 816 F.2d 1406, 1416–17 (9th Cir. 1987), as well as the inherent power to stay causes on its 5 docket to avoid duplicative litigation, inconsistent results, and waste of time and effort, Stern v. 6 United States, 563 F. Supp. 484, 489 (D. Nev. 1983) (Supreme Court citations omitted). 7 If this case were not resolved at the settlement conference, the parties agree to submit 8 within 14 days thereafter a new, proposed schedule for dispositive motions and the proposed 9 joint pretrial order. 10 Taking into accounts their schedules and obligations in other cases, the parties propose 11 the following dates for a settlement conference: 12 See forthcoming order 13 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 1 Accordingly, the parties respectfully request that the Court grant this stipulation and 2 thereafter issue a separate order setting the date, details, and requirements for the settlement 3 conferenceand stay the remaining discovery deadlines. 4 Respectfully submitted this 9th day ofJanuary 2024. 5 6 LERNER & ROWE INJURY JASON M. FRIERSON ATTORNEYS United States Attorney 7 /s/Joseph F. Schmitt /s/ Virginia T. Tomova 8 JOSEPH F. SCHMITT, ESQ. VIRGINIA T. TOMOVA Nevada Bar No. 9681 Assistant United States Attorney 9 4795 S. Durango Drive Las Vegas, Nevada 89147 Attorneys for Federal Defendants 10 Telephone: (702) 877-1500 11 Attorneys for Plaintiff 12 13 IT IS SO ORDERED: 14 15 UNITED STATES MAGISTRATE JUDGE 16 1-16-2024 DATED: 17 18 19 20 21 22 23 24 25 26 27