Domoracki v. United States

1 JUAnSitOedN S Mtat.e Fs RAItEtoRrnSeOyN 2 District of Nevada Nevada Bar No. 7709 3 PATRICK A. ROSE Assistant United States Attorney 4 Nevada Bar No. 5109 501 Las Vegas Blvd. So., Suite 1100 5 Las Vegas, Nevada 89101 (702) 388-6336 6 Patrick.Rose@usdoj.gov 7 Attorneys for the United States 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA [9] 10 Brianne M. Domoracki, Case No. 2:22-cv-00918-APG-EJY 11 Plaintiff, Stipulation and Order to Schedule 12 v. Settlement Conference and Stay Remaining Deadlines 13 United States of America, 14 Defendant. [15] 16 The parties respectfully request that the Court set this matter for a settlement 17 conference and stay the remaining discovery deadlines. See LR 26-3; Volk v. D.A. Davidson & 18 Co., 816 F.2d 1406 , 1416–17 (9th Cir. 1987) (a district court has wide latitude in controlling 19 discovery); Stern v. United States, 563 F. Supp. 484, 489 (D. Nev. 1983) (courts have the 20 inherent power to stay causes on its docket to avoid duplicative litigation, inconsistent results, 21 and waste of time and effort). 22 This action arises under the Federal Tort Claims Act (“FTCA”)1 for alleged injuries to 23 Plaintiff arising from an April 15, 2021, car accident. The parties have completed their initial 24 expert disclosures. The remaining deadlines are July 6, 2023, for rebuttal expert disclosures, 25 August 7, 2023, for discovery cutoff, September 6, 2023, for dispositive motions and October 26 6, 2023, for the proposed joint pretrial order. [27] 28 1 28 U.S.C. §§ 1346 (b)(1), 1402(b), 2401(b), 2402, 2671-2680. 1 Without waiver or binding admission against either party, the parties submit that it 2 || would conserve their resources, as well as those of the Court, if the settlement conference for 3 || this matter were held before disclosure of rebuttal experts, additional discovery, dispositive 4 || motions, if any, and preparation of the proposed joint pretrial order. 5 Additionally, defense counsel has scheduled leave and travel during the first part of 6 || July, and plaintiff's counsel will be moving residences in the near future. 7 The Civil Division of the United States Attorney’s Office remains very busy with 8 || AUSA and support staff vacancies. 9 Taking into accounts their schedules and obligations in other cases, the parties propose 10 || that the Court set a settlement conference on or after October 10, 2023. 11 If this case were not resolved at the settlement conference, the parties agree to submit 12 || within 14 days thereafter a new, proposed schedule for rebuttal expert disclosures, discovery 13 || cutoff, dispositive motions and the proposed joint pretrial order. 14 Accordingly, the parties respectfully request that the Court grant this stipulation and 15 || thereafter issue a separate order setting the date, details, and requirements for the settlement 16 || conference. 17 Respectfully submitted this 15th day of June 2023. 18 || LAW OFFICE OF BRUCE D.SCHUPP JASON M. FRIERSON 19 United States Attorney /s/ Bruce D. Schu /s/ Patrick A. Rose 20 || BRUCE D. SCHUPP, ESQ. PATRICK A. ROSE, Esq, 51 || Nevada Bar No. 1458 Assistant United States Attorney 1120 N Town Center Drive, Suite 140 Attorney for Defendant 27 || Las Vegas, Nevada 89144 Attorney for Plaintiff IT IS SO ORDERED. [23] IT IS FURTHER ORDERED that the Court 24 ws : will issue a separate Order setting the 25 settlement conference for October, 2023. [26] 27 UNITED STA STRATE JUDGE [28] Dated: June 15, 2023