Carey et al v. The United States of America

Filing 34

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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1 DANIEL G. BOGDEN United States Attorney 2 6 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 7 Attorneys for the United States 3 4 5 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ARLETHA “JENE” CAREY AND RICHARD CAREY, etc., 12 Plaintiffs, 13 v. 14 THE UNITED STATES OF AMERICA; et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:10-cv-01532-GMN-RJJ MOTION FOR EXTENSION OF TIME TO FILE PROPOSED JOINT PRETRIAL ORDER (First Request) 17 18 Pursuant to Fed. R. Civ. P. 6(b)(1) and Local Rule 6-1, Defendant, the United States of 19 America, respectfully requests that this Court extend the deadline for the parties to file the 20 proposed joint pretrial order. More specifically, and for the reasons explained below, the United 21 States requests that the Court extend the deadline by forty-five days from October 31, 2011 to 22 December 15, 2011. This is the first request for an extension of such deadline and is based on 23 the reasons set forth below. 24 This is a complex medical malpractice case involving alleged permanent injury, 25 thousands of pages of records, numerous medical providers, and several expert witnesses. 26 Plaintiff has a lengthy medical history. Plaintiff was in a rehabilitation facility at the time of her 1 deposition. During discovery, the parties exchanged over 17,000 pages of records in this matter. 2 The defense is in the process of going through these records to determine the documents, as well 3 as witnesses, to be listed in the joint pretrial order, but this process takes a great deal of time due 4 to the number of documents and issues in the case. 5 Additionally, undersigned counsel must also devote significant time in the near future to 6 an employment/Bivens case, Mary Maureen Minshew v. The Honorable Michael B. Donley, et 7 al., 2:10-cv–01593-PMP-PAL. Undersigned counsel must travel to Norfolk, Virginia on 8 October 15, 2011 and will remain there for depositions through October 21, 2011. This also 9 requires defense counsel to devote most of his time from October 11 to October 14, 2011 to 10 preparing for these depositions, as well as preparing federal employee witnesses (including an 11 individually named party) for their depositions. 12 13 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. 14 All of this will leave insufficient time for the defense to review, add to, and revise the 15 proposed joint pretrial order, once a draft is submitted to the defense by Plaintiff, as well as 16 allow both counsel to finalize and file a proposed joint pretrial order by October 31, 2011. 17 The month of November also contains the federal holidays of Veteran’s Day and 18 Thanksgiving. Given the holidays, the scope of this case, as well as other duties of undersigned 19 counsel, the defense believes that the requested extension of forty-five days would be safer and 20 more advisable than an extension of thirty days (which would put the due date at November 30, 21 2011). 22 Accordingly, the United States respectfully requests that the Court extend the deadline 23 for the parties to file a proposed joint pretrial order by forty-five days, from October 31, 2011 to 24 December 15, 2011. 25 26 There has not been a previous request to extend the due date of October 31, 2011 to file the proposed joint pretrial order. -2- 1 This motion is filed in good faith and not for purposes of undue delay. 2 Respectfully submitted this 11th day of October, 2011. 3 DANIEL G. BOGDEN United States Attorney 4 5 6 /s/ Patrick A. Rose PATRICK A. ROSE Assistant United States Attorney 7 8 IT IS SO ORDERED. 9 10 _____________________________________ UNITED STATES MAGISTRATE JUDGE 11 DATED: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -3-

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