Davis v. Underwood ( 2023 )

Attorney General 2 VICTORIA C. COREY (Bar No. 16364C) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 5 (702) 486-9245 (phone) (702) 486-3773 (fax) 6 Email: vcorey@ag.nv.gov 7 Attorneys for Interest Party Nevada Department of Corrections 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 TERRANCE DAVIS, Case No. 3:23-cv-00003-ART-CLB 12 Plaintiff, ORDER GRANTING MOTION 13 v. TO CONTINUE EARLY MEDIATION CONFERENCE TO 14 UNDERWOOD, et al., AUGUST 25, 2023 15 Defendants. 16 Interested Party Nevada Department of Corrections, by and through counsel, Aaron 17 D. Ford, Nevada Attorney General, and Victoria C. Corey, Deputy Attorney General, of the 18 State of Nevada, Office of the Attorney General, hereby submit their motion to continue 19 the Early Mediation Conference to August 25, 2023 and respectfully request that the Court 20 continue the Early Mediation Conference (EMC). Defendants’ request is supported by good 21 cause. 22 District courts have the inherent power to control their dockets. Thompson v. Hous. 23 Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). Good cause to continue the 24 Early Mediation Conference exists. This is one of the four (4) cases that was scheduled for 25 a quadruple EMC for July 11, 2023. ECF No. 9. Plaintiff has a pro bono appointed counsel 26 in one of his other cases, Davis v. Cooke et al., USDC 3:22-cv-00473-ART-CLB, and when 27 counsel for both Plaintiff and Interested Party spoke during their meet and confer on June 28 21, 2023, as required by the Order Setting Inmate Early Mediation Conference (see ECF 1 || No. 25 in 3:22-cv-00473-ART-CLB), counsel for Plaintiff was unaware that Plaintiff has 2 three (3) other cases! and the EMC scheduled for July 11, 2023 is a quadruple EMC for 3 || purposes of a global settlement. Plaintiff's counsel expressed that she would look into the 4 || possibility of representing Plaintiff in this case, as well as the other two cases for purposes 5 || of the EMC only. Interested Party’s counsel is more than happy to continue the quadruple 6 || EMC, with the idea that a global settlement may be reached. 7 Plaintiff's Counsel in 3:22-cv-00473-ART-CLB, and Counsel for Interest Party’s have 8 |}emailed Ms. Ashlyn Bye to inquire on a potential new (and earliest) date for a global EMC, 9 || and parties have agreed to August 25, 2023 at 8:30am. Based on the foregoing, the Parties 10 submit that good cause exists to grant the requested continuance and that the EMC be 11 continued to Friday, August 25, 2023 at 8:30am, or the Court’s earliest available 12 || date. 13 DATED this 22nd day of June, 2023. 14 AARON D. FORD Attorney General 15 By: /s/ Victoria C. Corey 16 VICTORIA GC. COREY (Bar No. 16364C) WW Deputy Attorney General Attorneys for Interested Party 18 Nevada Department of Corrections 19 || ITIS SO ORDERED. 20 ||DATED: □□□ 232029 » 21 22 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 1 Mr. Davis has a total of four pending cases: Davis v. C/O Little et al., USDC 3:23- ev-00033-RCJ-CLB; Davis v. Underwood et al., USDC 3:23-cev-00003-ART-CLB; Davis v. 28 Gonzalaz et al., USDC 3:22-ev-00188-RCJ-CLB; and Davis v. Cooke et al., USDC 3:22-ev- 00473-ART-CLB