Dent v. Beatle

1 || AARON D. FORD Attorney General CHRISTOPHER M. GUY (Bar No. 15239) Deputy Attorney General || State of Nevada Office of the Attorney General ||555 East Washinston Ave., Suite 3900 Las Vegas, Nevada 89101 || (702) 486-3326 (phone) (702) 486-3773 (fax) || Email: [email protected] || Attorneys for Defendant Frank Beedle 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA || BENJAMIN DENT, Case No. 2:20-cv-00294-JAD-BNW 12 Plaintiff, JOINT REQUEST FOR A || v. SETTLEMENT CONFERENCE P UANT TO LOCAL 16-5!

14 || BEATLE, et □□□ URS T OCAL RULE 16-5 15 Defendants.

16 The Parties, Plaintiff, Benjamin Dent, and Defendant, Frank Beedle, by and ||through counsel, Aaron D. Ford, Nevada Attorney General, and Christopher M. Guy, ||Deputy Attorney General, hereby submit a Joint Request for a Settlement Conference || Pursuant to Local Rule (LR) 16-5.

20 || 1. INTRODUCTION 21 The Parties spoke by telephone conference on January 4, 2022. The parties’ || conversation focused on a request for a global settlement conference with Magistrate Judge || Baldwin, The conversation was fruitful and both sides agreed that Defendant would file a || motion to request a settlement conference with Magistrate Judge Baldwin. The parties also ||agreed that a settlement conference under LR 16-5 would be the most beneficial path || forward.

1 LR IC 2-2 (b). (Document Events, The electronic filing system as documents by the type of “event.” The filer must select a type of “event” for each filed document based on the relief requested or the purpose of a document.)

Page 1 of 4 1 The Parties agree that a stay of this case would provide the Parties an opportunity ||to make a good faith effort at resolving issues in this case and Plaintiff's case 2:20-cv-00136- GMN-EJY without further litigation.

4 As a result, the Parties ask that the case be stayed, and that this Court grant the ||Parties’ request for a settlement conference under LR 16-5 with Magistrate Judge || Baldwin.2 After the LR 16-5 settlement conference, the Parties will file a joint status report 7 inform this Court of the settlement outcome.

8 LEGAL STANDARD AND DISCUSSION 9 This 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, 706-07 (1997) (citing Landis v. N.

11 ||Am. Co., 299 U.S. 248, 254, (1936)). These inherent powers include “the power to stay || proceedings . . . to control the disposition of the causes of its docket with economy of time || and effort for itself, for counsel, and for litigants.” Dependable Hwy Exp., Inc. v. Navigators || Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007) (quoting Landis, 299 U.S. at 254). Stays are || particularly appropriate to be considered when doing so is “the fairest course of action for ||the parties ... pending resolution of independent proceedings which bear upon the case.”

17 || Dependable, supra (quoting Leyva v. Certified Grocers of California, Ltd., 593 F.2d 857, || 863-64 (9th Cir. 1979)). These independent proceedings include other judicial proceedings.

19 || Id. 20 Here, this counsel and Plaintiff have spoken on multiple occasions about ways to |\lyesolve this case and Plaintiff's other case. However, the talk of January 4, 2022, was || promising. From this talk, the Parties have a good faith belief that this matter can be || resolved. Thus, the parties believe that a settlement conference under LR 16-5 and a stay || of this case in its entirety would be beneficial.

25 This path forward would preserve judicial resources and allow the Parties an || opportunity to pursue the fairest course of action towards a resolution of this case. Were || the Parties able to resolve this matter, further litigation would not be required. a8 □□ LR 16-5 (The court may set any appropriate civil case for settlement conference.)

Page 2 of 4 ||}. CONCLUSION 2 Because the Parties have met and conferred and agreed that through a settlement |lconference under LR 16-5, this matter might be resolved. Therefore, the Parties request |\this Court to order a settlement conference under LR 16-5 and stay this case in its entirety || to allow the Parties to attempt a resolution of Plaintiff's cases.

DATED /-9-Z2 __, 2022. DATED January 5, 2022.

Aaron □□□ Ford 8 Nevada Attorney General 9 —— □□ eee 10 {Ae~— ‘ie NA By: /s/Christopher M. Guy || Benjamin Dent, #86741 Christopher M. Guy (Bar No. 15239) Plaintiff Pro Se Deputy Attorney General Office of the Nevada Attorney General 12 555 E. Washington Avenue, Suite 3900 Las Vegas, Nevada 89101 13 Attorneys for Defendants 16 ORDER 17 IT IS ORDERED that ECF No. 32 is GRANTED. The parties are advised that Judge Baldwin will set the 18 Settlement Conference.

19 ete, stp tear 11, 2022 20 □□□ la wey 1 UNITED STATES MAGISTRATE JUDGE Page 3 of 4 1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, |land that on _, 2021, I electronically filed the foregoing __, via this Court’s electronic filing ||system. Parties who are registered with this Court’s electronic filing system will be served || electronically.

6 Benjamin Dent #86741 sien eee State Prison Indian Springs, NV 89070 8 [email protected] 3 Plaintiff, Pro Se Is! Sheri Regalado 10 Sheri Regalado, an employee of the Office of the Nevada Attorney General at Page 4 of 4