Smith v. Shinseki

Filing 47

ORDER Granting 45 Motion to Extend Deadline re 40 Scheduling Order. Motions due by 2/19/2015. Signed by Magistrate Judge Cam Ferenbach on 1/6/15. (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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BRADLEY SMITH,
Plaintiff,

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v.
ERIC SHINSEKI, Secretary, Department of
Veterans Affairs,

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Defendant.

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) Case No: 2:12-cv-02141-APG-VCF
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UNITED STATES’ UNOPPOSED MOTION FOR EXTENSION OF TIME
(First Request)

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Defendant Eric Shinseki, Secretary, Department of Veterans Affairs, respectfully requests
an extension of time of six weeks until February 19, 2015, for parties to file dispositive motions.

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In support of the instant Motion, the Federal Defendant submits the following:

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1.

This Motion is brought in order to accommodate the parties hereto.

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2.

On October 10, 2014, the Court granted the Stipulated Discovery Plan and

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Scheduling Order (ECF #40), which stated that Dispositive Motions were due January 8, 2015.

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During the October 30, 2014 Status Conference, the Court ordered the case to proceed under the

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current scheduling order.

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3.

In addition to this case, Plaintiff has two other active cases. In Smith v. Lopez, et al.,

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2:13-cv-00892-GMN-PAL, after the United States’ Motion to Dismiss was granted on December

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29, 2014, the Court granted Plaintiff time until January 26, 2015, to file a second amended

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complaint. Additionally, Plaintiff’s appeal in Smith v. Merit System Protection Board, 14-72578, is

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currently being briefed.

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4.

Also, Government counsel is continuing to deal with a medical emergency, which

has required a great deal of additional time away from the office over the past several weeks.
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Due to the time constraints listed above, the parties have agreed that in this case a

delay of six weeks to file dispositive motions is in the best interest of both parties.

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6.

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WHEREFORE, for the above reasons, the United States respectfully requests the instant

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

Motion extending time to file dispositive motions until February 19, 2015, be granted.
Respectfully submitted this 6th day of January 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:

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UNITED STATES MAGISTRATE JUDGE
DATED: January 6, 2015

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