Furtado v. State of Nevada

Attorney General JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General State of Nevada Office of the Attorney General 555 East Washington Avenue Suite 3900 Las Vegas, Nevada 89101 (702) 486-3177 (phone) (702) 486-3773 (fax) Email: [email protected] Attorneys for Defendants State of Nevada ex rel the Nevada Department of Corrections, Waylon Brown, Sean French, Kerry Hunter, Jacob Corey, and Derrick 9 Williams 10

12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA MARTY FURTADO, an individual; MARTY Case No. 2:18-cv-00188-APG-BNW FURTADO, SPECIAL ADMINISTRATOR OF ESTATE OF ANDREW THURGOOD, 16 Plaintiffs, v. STATE OF NEVADA, ex rel, NEVADA STIPULATION TO EXTEND STAY DEPARTMENT OF CORRECTIONS; ADAM FOR SETTLEMENT PURPOSES MICHAEL ISAACSON, an individual; ANTHONY M. WILLIAMS, an individual; (First Request) OFFICER RUBEN R. JIMENEZ, acting in his individual capacity; OFFICER RICK L.

21 BROWN, acting in his individual capacity; DOES 1-20, 23 Defendants.

25 Plaintiff Marty Furtado, by and through counsel, Travis N. Barrick, Esq., and Defendants State of Nevada ex rel. the Nevada Department of Corrections, Waylon Brown, Sean French, Kerry Hunter, Jacob Corey, and Derrick Williams (“the NDOC Defendants”) by and through counsel, Aaron D. Ford, Nevada Attorney General, and Jared M. Frost, additional thirty (30) days for settlement purposes.

3 “The District Court has broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citation omitted).

6 The parties submit there is good cause to extend the stay in this matter for an additional thirty (30) days. On June 26, 2019, the Court granted the parties’ request to stay the case for sixty (60) days for settlement purposes. ECF No. 66. During the stay, the parties exchanged multiple settlement offers and made important progress toward reaching an agreement to resolve this case. The negotiations took another step forward when the parties received notice on August 21, 2019, that the District Attorney had filed criminal charges against the prisoners involved in Andrew Thurgood’s death. However, the parties do not expect to reach an agreement before the end of the stay on August 26th and need additional time to conclude their negotiations. Therefore, the Court should extend the stay for an additional thirty (30) days.

16 /// /// /// /// /// /// /// /// /// /// /// /// /// 1 At the conclusion of the stay, the Court should direct the parties to file either a notice || of settlement or a joint status report setting forth their positions as to how the case should || move forward.

4 || DATED this 23rd day of August, 2019. DATED this 23rd day of August, 2019.

5 || GALLIAN WELKER & BECKSTROM, LTD. AARON D. FORD 6 Attorney General By: /s/ Travis N. Barrick By: /s/ Jared M. Frost || TRAVIS N. BARRICK, ESQ. JARED M. FROST, ESQ.

Nevada Bar No. 9257 Nevada Bar No. 11132 11540 E. St. Louis Avenue 555 E. Washington Avenue, Ste. 3900 Las Vegas, Nevada 89104 Las Vegas, Nevada 89101 || Attorneys for Plaintiff Attorneys for the NDOC Defendants 11 ORDER 12 SO ORDERED. This matter is stayed for an additional thirty (30) days from the || date of this Order. At the end of the thirty (30) day period, the parties shall file a notice of 14 settlement or a joint status report setting forth the parties’ positions as to how this case 15 should move forward.

16 Dated August 26, 2019 18 Las 19 UNITED STATES MAGISTRATE JUDGE