Opinion

Scott v. Sisolak

Court
District Court, D. Nevada
Filed
Sep 2, 2023
Cited by
0 cases
Authority
More cited than 26.4%

holding that when a plaintiff's 4 allegations fail to “state a claim of violation of clearly established law, a defendant pleading 5 qualified immunity is entitled to dismissal before the commencement of discovery”

How later courts described this case

  • holding that when a plaintiff's 4 allegations fail to “state a claim of violation of clearly established law, a defendant pleading 5 qualified immunity is entitled to dismissal before the commencement of discovery”
  • holding that qualified immunity “is meant 7 to give government officials a right, not merely to avoid standing trial, but also to avoid the 8 burdens of such pretrial matters as discovery.”

Written by the judges who cited it.

The opinion

Attorney General

2 CHRIS DAVIS (Bar No. 6616)

Senior Deputy Attorney General

3 SAMUEL L. PEZONE, JR. (Bar No. 15978)

Deputy Attorney General

4 State of Nevada

Office of the Attorney General

5 555 East Washington Ave., Suite 3900

Las Vegas, Nevada 89101

6 (702) 486-9252 (phone)

(702) 486-3773 (fax)

7 Email: cwdavis@ag.nv.gov

8 Attorneys for Defendants

9 UNITED STATES DISTRICT COURT

10 DISTRICT OF NEVADA

11 STEVEN L. SCOTT, Case No. 2:22-cv-01801-APG-EJY

12 Plaintiff, STIPULATION AND ORDER

TO STAY DISCOVERY

13 v.

14 STEVE F. SISOLAK, et al.,

15 Defendants.

16

17 Plaintiff, Steven Scott, by and through his attorney, Travis N. Barrick, of GALLIAN

18 WELKER & ASSOCIATES, L.C., and Defendants, Terence Agustin, Sonya Carrillo,

19 Barbara Cegavske, Charles Daniels, Aaron Ford, Benedicto Gutierrez, Michael Minev,

20 Rochelle Ross, and Steve Sisolak, by and through counsel, Aaron D. Ford, Nevada Attorney

21 General, Chris Davis, Senior Deputy Attorney General, and Samuel L. Pezone, Jr., Deputy

22 Attorney General, hereby stipulate and agree to stay discovery until this Court resolves

23 the issue of qualified immunity in Defendants’ motion for judgment on the pleadings. If

24 the motion for judgment on the pleadings is denied, the parties further stipulate and agree

25 to reset all of the deadlines in this Court’s scheduling order from the date the order on the

26 motion to dismiss is entered.

27 The parties hereby further stipulate and agree that a stay is appropriate in light of

28 Defendants’ motion for judgment on the pleadings, in which Defendants’ assert qualified

2 court should resolve that threshold question [of qualified immunity] before permitting

3 discovery”); Mitchell v. Forsyth, 472 U.S. 511, 526 (1985) (holding that when a plaintiff's

4 allegations fail to “state a claim of violation of clearly established law, a defendant pleading

5 qualified immunity is entitled to dismissal before the commencement of discovery”);

6 Behrens v. Pelletier, 516 U.S. 299, 306-07 (1996) (holding that qualified immunity “is meant

7 to give government officials a right, not merely to avoid standing trial, but also to avoid the

8 burdens of such pretrial matters as discovery.”) The above stipulations are made in good

9 faith and not for the purposes of delay.

10 Accordingly, the parties stipulate and agree as follows:

11 1. That discovery shall be stayed until this Court resolves the issue of qualified

12 immunity in Defendants’ motion for judgment on the pleadings.

13 2. If the motion for judgment on the pleadings is denied, then all of the deadlines

14 in this Court’s scheduling order shall be reset.

15

16 DATED this 1st day of September 2023. DATED this 1st day of September 2023.

17 AARON D. FORD

Attorney General

18

19 By: /s/ Travis N. Barrick By: /s/ Samuel L. Pezone, Jr.

Travis N. Barrick (Bar No. 9257) Samuel L. Pezone, Jr (Bar No. 15978)

20 GALLIAN WELKER & ASSOCIATES, L.C. Deputy Attorney General

730 Las Vegas Boulevard South, Suite 104 Attorneys for Defendants

21 Las Vegas, Nevada 89101

T: (702) 892-3500

22 E: tbarrick@vegascase.com

Attorney for Plaintiff

23

IT IS SO ORDERED.

24

25

____________________________________________

26 UNITED STATES MAGISTRATE JUDGE

27

28 DATED: September 2, 2023

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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