Kornberg v. United States of America et al

Filing 38

ORDER Granting 36 Motion to Extend Time. Dispositive Motions due by 2/13/2015.FURTHER ORDERED that no further extensions will be allowed. Signed by Magistrate Judge Peggy A. Leen on 2/6/15. (Copies have been distributed pursuant to the NEF - MMM)

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
JUSTIN E. PINGEL
Assistant United States Attorney
Nevada State Bar No. 10186
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]

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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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MELVIN KORNBERG,

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Plaintiffs,

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)
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) Case No: 2:12-cv-01961-JAD-PAL
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v.
UNITED STATES OF AMERICA, et al.
Defendants.

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FEDERAL DEFENDANTS’ MOTION FOR EXTENSION OF TIME
(Third Request)

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The United States of America respectfully requests a brief extension of time until February 13,
2015, for the parties to file dispositive motions.

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In support of the instant Motion, the United States submits the following:

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1.

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This Motion is brought in order to accommodate the undersigned counsel for the Federal

Defendants.

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2.

Since the close of discovery the parties have been attempting to reach a compromise

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settlement in this matter. Two previous extensions to the dispositive motions deadline were sought in

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order to allow the parties to continue to pursue settlement, the second of which has not yet been ruled

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upon. ECF #35. Unfortunately, for the time being, the parties are unable to reach a settlement

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agreement, and have determined to move forward with filing dispositive motions with the intent to

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reconvene discussions as the dispositive motion process transpires.

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3.

Federal Defendants had been drafting and assembling a dispositive motion while

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settlement discussions were ongoing but, hoping discussions would be fruitful, had not finalized the

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briefing. This extension of time is requested to allow Government counsel a very brief amount of

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additional time to finalize its dispositive motion and obtain a few minor pieces of information from the

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Federal Defendant that is necessary but had not been obtained in time to adequately finalize and file its

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Motion.

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4.

Additionally, Government Counsel received notice yesterday that a shortened due date

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has been set in another matter, Garity v.USPS, Case No. 2:11-cv-01805-RFB-CWH, requiring additional

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briefing to be submitted to the Court in that matter by 5 pm tomorrow, February 6, 2015. As such,

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resources with which to accomplish briefing in that matter and the finalization of Federal Defendants’

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dispositive motion have been very limited.

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5.

Federal Defendant does not object to any additional time Plaintiff may need to file an

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Opposition and would welcome a briefing schedule if that would help place structure into the process

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that has been postponed while the parties attempt settlement.

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6.

This extension would create a February 13, 2015 due date for dispositive motions. The

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parties would then file a Joint Pretrial Order, if necessary, thirty (30) days following the Court’s Order on

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the parties’ dispositive motions.

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The instant motion is filed in good faith and not for the purposes of undue delay.

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WHEREFORE, for the above reasons, the United States respectfully requests the instant Motion
extending time for the parties to file dispositive motions until February 13, 2015, be granted.
Respectfully submitted this 5th day of February 2015.

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DANIEL G. BOGDEN
United States Attorney

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/s/ Justin E. Pingel
JUSTIN E. PINGEL
Assistant United States Attorney

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IT IS SO ORDERED.
IT IS FURTHER ORDERED that no further IS SO ORDERED: allowed.
IT extensions will be

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DATED this 6th day of February, 2015.
9th

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UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
____________________________
Peggy
DATED: A. Leen
United States Magistrate Judge