Attorney General 2 KATLYN M. BRADY (Bar No. 14173) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 East Washington Ave., #3900 Las Vegas, Nevada 89101 5 (702) 486-0661 (phone) (702) 486-3773 (fax) 6 Email: [email protected]

7 Attorneys for Jeremy Bean

8

9

10

11

12 UNITED STATES DISTRICT COURT

13 DISTRICT OF NEVADA

14 ANTHONY BAILEY, Case No. 2:19-cv-01021-GMN-DJA

15 Plaintiff, DEFENDANT’S MOTION TO 16 vs. RESCHEDULE THE EARLY MEDIATION CONFERENCE 17 JEREMY BEAN et al., (ECF NO. 9)

18 Defendants.

19 20 Defendant, Jeremy Bean, by and through counsel, Aaron D. Ford, Nevada Attorney 21 General, and Katlyn M. Brady, Deputy Attorney General, requests this Court reschedule 22 the October 30, 2020 early mediation conference because of a State Holiday. 23 I. INTRODUCTION 24 Defendant respectfully requests this Court reschedule the October 30, 2020 early 25 mediation conference. October 30, 2020, is the recognized state holiday known as Nevada 26 Day.1 Nevada state offices, including the Office of the Nevada Attorney General, are closed 27

1 Nevada day celebrates the date which Nevada was admitted to the Union and takes 28 the place of Columbus Day for state workers. 2 this Court reschedule the early case conference. 3 II. BACKGROUND 4 Plaintiff is an inmate lawfully incarcerated in the Nevada Department of 5 Corrections (NDOC). Plaintiff filed a civil rights complaint pursuant to §1983. ECF No. 5. 6 This Court issued a screening order and permitted a retaliation claim and a conspiracy to 7 commit retaliation claim to proceed. ECF No. 6. The Office of the Nevada Attorney General 8 then submitted a limited notice of appearance for Defendant Jeremy Bean. ECF No. 6. 9 This Court then set the early mediation conference for October 30, 2020, at 8:30 a.m. 10 ECF No. 9. However, October 30, 2020, is a State recognized holiday known as Nevada 11 Day.2 See http://hr.nv.gov/uploadedFiles/hrnvgov/Content/About/State%20Holidays.pdf . 12 Accordingly, the Nevada Tort Fund Manager and NDOC client representatives are 13 unavailable that day as it is a mandatory holiday. These individuals have the necessary 14 settlement authority for this matter and are needed for the mediation. 15 To assist this Court, Defendant Bean provides the following alternative dates for the 16 early medication conference:3 November 20, 2020, at 1:30 p.m.; December 4, 2020, all day; 17 December 11, 2020, all day; and December 18, 2020, all day. 18 III. LEGAL ARGUMENT 19 District courts have inherent power to control their dockets. Hamilton Copper & 20 Steel Corp. v. Primary Steel, Inc.,

(9th Cir. 1990); Olivia v. Sullivan, 21

(9th Cir. 1992). Under Fed. R. Civ. P. 16(b)(a) “schedule shall not be 22 modified except upon a showing of good cause and by leave of the district judge or, when 23 authorized by local rule, by a magistrate judge.” 24 Defendant Bean respectfully requests this Court reschedule the early mediation 25 conference. October 30, 2020, is a state holiday and thus all state offices are closed. Further, 26

2 The actual date of Nevada Day varies as it is always scheduled for the last Friday 27 in October. Nevada actually became a state on October 31, 1884. 3 The provided dates are all Fridays, which is the date set aside for southern early 28 mediation conferences. 1 ||state employees are provided this day off and thus the early mediation conference 2 || participants are unavailable. 3 ||IV. CONCLUSION 4 Defendant Bean respectfully requests this Court reschedule the early mediation 5 || conference in light of the state holiday. 6 DATED this 25th day of August, 2020. 7 AARON D. FORD Attorney General By:_/s/ Katlyn M. Brady 9 KATLYN M. BRADY (Bar No. 14173) 10 Deputy Attorney General

Attorneys for Defendant

12 ORDER 13 14 The Court finds good cause to GRANT the motion. IT |S HEREBY ORDERED that the Inmate Early Mediation scheduled for October 30, 2020 is VACATED. 15 The Court will issue a separate order resetting the mediation. 16 DATED: August 31, 2020. 17 ) 18 > SN 19 Daniel J. Albregts | 20 United States Magistrate Judge 21 22 23 24 25 26 27 28

2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on August 25, 2020, I electronically filed the foregoing DEFENDANT’S MOTION 4 TO RESCHEDULE THE EARLY MEDIATION CONFERENCE (ECF NO. 9) via this 5 Court’s electronic filing system. Parties who are registered with this Court’s electronic 6 filing system will be served electronically. 7 Anthony Bailey, #36192 High Desert State Prison 8 P.O. Box 650 Indian Springs, Nevada 89070 9 Email: [email protected] Plaintiff, Pro Se 10

11 /s/ Carol A. Knight 12 CAROL A. KNIGHT, an employee of the Office of the Nevada Attorney General 13

14

15

16 17 18 19 20 21 22 23 24 25 26 27 28