Attorney General 2 DAVID A. BAILEY, Bar No. 13661 Deputy Attorney General 3 State of Nevada 100 N. Carson Street 4 Carson City, Nevada 89701-4717 Tel: (775) 684-1163 5 E-mail: [email protected] 6 Attorneys for Defendants Harry Churchward and Donny Cook 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 DASHOD REED, Case No. 3:19-cv-00524-CLB 11 Plaintiff, 12 v. DEFENDANTS’ NOTICE OF SETTLEMENT IN PRINCIPLE AND 13 D. COOK, et al., UNOPPOSED MOTION FOR 30-DAY STAY 14 Defendants. 15 Defendants, Harry Churchward and Donny Cook, by and through counsel, Aaron D. 16 Ford, Attorney General of the State of Nevada, and David A. Bailey, Deputy Attorney 17 General, hereby notify this Court that the parties have reached an agreement in principle 18 to settle this matter and request time to finalize the written settlement agreement without 19 the necessity of litigating this case in the interim. The parties reached an agreement on 20 November 29, 2021, and are in the process of finalizing the settlement agreement and 21 stipulations, and, therefore, Defendants request the Court stay all deadlines and 22 proceedings in this matter for 30 days to permit time for the parties to finalize the 23 settlement agreement and submit a stipulation to dismiss this action. This motion is based 24 on the following Memorandum of Points and Authorities, and all papers and pleadings on 25 file in this case. 26 /// 27 /// 28 /// 2 I. INTRODUCTION AND PROCEDURAL HISTORY 3 This is a pro se prisoner civil rights action brought by inmate Plaintiff Dashod Reed, 4 concerning events that allegedly took place at Northern Nevada Correctional Center 5 (“NNCC”), asserting claims arising under

. 6 This case is in the discovery phase, with the close of discovery slated for December 7 27, 2021. See Scheduling Order, ECF No. 15, at 1. Pending before the Court is Plaintiff’s 8 Motion to Compel (ECF No. 29). No other hearings or proceedings are currently scheduled, 9 and this matter not yet set for trial. 10 II. ARGUMENT 11 Courts have inherent powers to control their dockets, see Ready Transp., Inc. v. AAR 12 Mfg, Inc.,

(citations omitted), and to “achieve the orderly and expeditious 13 disposition of cases.” Chambers v. NASCO, Inc.,

(1991). The “power to stay 14 proceedings is incidental to the power inherent in every court to control the disposition of 15 the causes on its docket with economy of time and effort for itself, for counsel, and for 16 litigants.” Landis v. N. Am. Co.,

(1936). The Ninth Circuit reviews stay 17 orders under an abuse of discretion standard, but is “somewhat less deferential.” 18 Dependable Highway Exp. Inc. v. Navigators, Ins. Co.,

(9th Cir. 2007). 19 And a court must consider potential collateral damage when entertaining a motion to stay 20 proceedings. See

21 In this case, there is no risk of collateral damage because the parties have reached a 22 resolution to this case, and merely need additional time to complete the agreement and 23 stipulations required to conclude this matter. Plaintiff is not opposed to Defendants’ 24 request for a 30-day stay, which should eliminate any concerns of prejudice or damage to 25 the Plaintiff. 26 /// 27 /// 28 /// 1 CONCLUSION 2 WHEREFORE, Defendants respectfully request the Court to enter an order staying 3 || all deadlines in this action for 30-days, until December 29, 2021. 4 DATED this 29th day of November 2021. 5 6 IT IS SO ORDERED. Attorney General 7 Dated: November 30, 2021 * By: /s/ David A. Batley 8 5 7 : DAVID A. BAILEY, Bar No. 13661 9 Deputy Attorney General

0 UNITED SKATES MAGISTRATE JUDGE Attorneys for Defendants 11 12 CERTIFICATE OF CONFERENCE 13 The undersigned Counsel certifies he held a telephonic conference with Plaintiff 14 ||Dashod Reed on November 29, 2021, in part regarding this request for a 30-day stay to 15 || provide time to finalize the settlement in this action. Plaintiffis not opposed to the 30-day 16 || stay requested by Defendants for the reasons herein. 17 18 /s/ David A. Bailey DAVID A. BAILEY, Bar No. 13661 19 Deputy Attorney General 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE 2 I certify that I am an employee of the Office of the Attorney General, State of Nevada 3 and that on this 29th day of November 2021, I caused a copy of the foregoing, 4 DEFENDANTS’ NOTICE OF SETTLEMENT IN PRINCIPLE AND UNOPPOSED 5 MOTION FOR 30-DAY STAY, to be served, by U.S. District Court CM/ECF Electronic 6 Filing on the following: 7 Dashod Reed #1106921 Care of NNCC Law Librarian 8 Northern Nevada Correctional Center P.O. Box 7000 9 Carson City, NV 89702 [email protected] 10 11 12 /s/ Karen Easton An employee of the 13 Office of the Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28