Attorney General 2 JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 East Washington Avenue Suite 3900 5 Las Vegas, Nevada 89101 (702) 486-3177 (phone) 6 (702) 486-3773 (fax) Email: [email protected] 7 Attorneys for Defendants State of Nevada ex rel the 8 Nevada Department of Corrections, Waylon Brown, Sean French, Kerry Hunter, Jacob Corey, and Derrick

11

12 UNITED STATES DISTRICT COURT

13 DISTRICT OF NEVADA

14 MARTY FURTADO, an individual; MARTY Case No. 2:18-cv-00188-APG-BNW FURTADO, SPECIAL ADMINISTRATOR 15 OF ESTATE OF ANDREW THURGOOD,

16 Plaintiffs,

17 v.

18 STATE OF NEVADA, ex rel, NEVADA STIPULATION TO EXTEND STAY DEPARTMENT OF CORRECTIONS; ADAM FOR SETTLEMENT PURPOSES 19 MICHAEL ISAACSON, an individual; ANTHONY M. WILLIAMS, an individual; (Third Request) 20 OFFICER RUBEN R. JIMENEZ, acting in his individual capacity; OFFICER RICK L. 21 BROWN, acting in his individual capacity; DOES 1-20, 22

23 Defendants.

24 25 Plaintiff Marty Furtado, by and through counsel, Travis N. Barrick, Esq., and 26 Defendants State of Nevada ex rel. the Nevada Department of Corrections, Waylon Brown, 27 Sean French, Kerry Hunter, Jacob Corey, and Derrick Williams (“the NDOC Defendants”) 28 by and through counsel, Aaron D. Ford, Nevada Attorney General, and Jared M. Frost, 2 additional six (6) months from the date of this request for settlement purposes. 3 “The District Court has broad discretion to stay proceedings as an incident to its 4 power to control its own docket.” Clinton v. Jones,

(1997) (citation 5 omitted). 6 On June 26, 2019, the Court granted the parties’ request to stay the case for sixty 7 (60) days for settlement purposes. ECF No. 66. On August 26, 2019, the Court granted the 8 parties’ request to stay the case for an additional thirty (30) days. ECF No. 68. 9 The parties submit there is good cause to extend the stay in this matter for an 10 additional six (6) months due to the recent appearance of a putative child of Andrew 11 Thurgood. 12 Plaintiff Marty Furtado is proceeding in this matter both in his individual capacity 13 and also as the special administrator of Thurgood’s estate. On July 25, 2019, counsel for 14 Plaintiff was contacted by the legal representative of the putative child. On September 10, 15 2019, Plaintiff’s counsel informed Defendants of the existence of the putative child. During 16 the week of September 10, the parties had extensive discussions concerning the legal 17 ramifications of this new claimant and how her appearance may impact the resolution of 18 the current proceeding. 19 Pursuant to their discussions, the parties propose a six (6) month extension of the 20 stay for settlement purposes. During this period, the parties intend to attempt to reach a 21 global settlement with all possible claimants, seek approval of any agreement by the 22 probate court,1 and effectuate a minor’s compromise if necessary.2 At the conclusion of the 23 /// 24 /// 25 /// 26 1 According to a November 2016 Order Granting Appointment of Special Administration, “the settlement of the decedent’s [Andrew Thrugood] lawsuit is subject to 27 this [the probate] court’s approval.” See Exhibit 1.

28 2 See NRS 41.200 (Nevada’s statute regarding compromise of a minor’s claim). 1 || stay, the Court should direct the parties to file either a notice of settlement or a joint status 2 ||report setting forth their positions as to how the case should move forward. 3 4 DATED this 25th day of September, 2019. DATED this 25th day of September, 2019. 5 || GALLIAN WELKER & BECKSTROM, LTD. AARON D. FORD 6 Attorney General By: /s/_ Travis N. Barrick By: /s/ Jared M. Frost 7 || TRAVIS N. BARRICK, ESQ. JARED M. FROST, ESQ. Nevada Bar No. 9257 Nevada Bar No. 11132 8 11540 E. St. Louis Avenue 555 E. Washington Avenue, Ste. 3900 Las Vegas, Nevada 89104 Las Vegas, Nevada 89101 9 || Attorneys for Plaintiff Attorneys for the NDOC Defendants 10 11 ORDER 12 SO ORDERED. This matter is stayed for an additional six (6) months. On or before 13 || March 23, 2020, the parties shall file a notice of settlement or a joint status report setting 14 || forth the parties’ positions as to how this case should move forward. 15 Dated this3™ day of October , 2019. 16 7 KK pm Lea We ERA 18 UNITED STATES MAGISTRATE JUDGE □

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