Carey et al v. The United States of America
Filing
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ORDER Granting 33 Motion to Extend Time to Tile Proposed Joint Pretrial Order. Proposed Joint Pretrial Order due by 12/15/2011. Signed by Magistrate Judge Robert J. Johnston on 11/30/11. (Copies have been distributed pursuant to the NEF - MMM)
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DANIEL G. BOGDEN
United States Attorney
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PATRICK A. ROSE
Assistant United States Attorney
Nevada Bar No. 5109
333 Las Vegas Blvd. South, Suite 5000
Las Vegas, Nevada 89101
Phone: (702) 388-6336
Fax: (702) 388-6787
patrick.rose@usdoj.gov
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Attorneys for the United States
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ARLETHA “JENE” CAREY AND
RICHARD CAREY, etc.,
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Plaintiffs,
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v.
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THE UNITED STATES OF AMERICA; et al.,
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Defendants.
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Case No. 2:10-cv-01532-GMN-RJJ
MOTION FOR EXTENSION
OF TIME TO FILE PROPOSED
JOINT PRETRIAL ORDER
(First Request)
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Pursuant to Fed. R. Civ. P. 6(b)(1) and Local Rule 6-1, Defendant, the United States of
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America, respectfully requests that this Court extend the deadline for the parties to file the
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proposed joint pretrial order. More specifically, and for the reasons explained below, the United
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States requests that the Court extend the deadline by forty-five days from October 31, 2011 to
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December 15, 2011. This is the first request for an extension of such deadline and is based on
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the reasons set forth below.
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This is a complex medical malpractice case involving alleged permanent injury,
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thousands of pages of records, numerous medical providers, and several expert witnesses.
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Plaintiff has a lengthy medical history. Plaintiff was in a rehabilitation facility at the time of her
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deposition. During discovery, the parties exchanged over 17,000 pages of records in this matter.
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The defense is in the process of going through these records to determine the documents, as well
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as witnesses, to be listed in the joint pretrial order, but this process takes a great deal of time due
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to the number of documents and issues in the case.
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Additionally, undersigned counsel must also devote significant time in the near future to
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an employment/Bivens case, Mary Maureen Minshew v. The Honorable Michael B. Donley, et
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al., 2:10-cv–01593-PMP-PAL. Undersigned counsel must travel to Norfolk, Virginia on
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October 15, 2011 and will remain there for depositions through October 21, 2011. This also
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requires defense counsel to devote most of his time from October 11 to October 14, 2011 to
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preparing for these depositions, as well as preparing federal employee witnesses (including an
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individually named party) for their depositions.
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On a personal note, undersigned counsel is also scheduled to be out of the office for
personal/family reasons on October 27 and 28, 2011.
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All of this will leave insufficient time for the defense to review, add to, and revise the
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proposed joint pretrial order, once a draft is submitted to the defense by Plaintiff, as well as
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allow both counsel to finalize and file a proposed joint pretrial order by October 31, 2011.
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The month of November also contains the federal holidays of Veteran’s Day and
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Thanksgiving. Given the holidays, the scope of this case, as well as other duties of undersigned
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counsel, the defense believes that the requested extension of forty-five days would be safer and
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more advisable than an extension of thirty days (which would put the due date at November 30,
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2011).
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Accordingly, the United States respectfully requests that the Court extend the deadline
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for the parties to file a proposed joint pretrial order by forty-five days, from October 31, 2011 to
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December 15, 2011.
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There has not been a previous request to extend the due date of October 31, 2011 to file
the proposed joint pretrial order.
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This motion is filed in good faith and not for purposes of undue delay.
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Respectfully submitted this 11th day of October, 2011.
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DANIEL G. BOGDEN
United States Attorney
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/s/ Patrick A. Rose
PATRICK A. ROSE
Assistant United States Attorney
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IT IS SO ORDERED.
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_____________________________________
UNITED STATES MAGISTRATE JUDGE
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DATED:
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