West v. Nye County Detention et al

Filing 94

ORDER granting 93 Stipulation to Extend Time. ORDERED that the previously- scheduled deadline of January 10, 2019 for Plaintiff HYRUM JOSEPH WEST to file his supplemental opposition to Defendants' motion for summary judgment is extended to thirty (30) days following the final decision or receipt of discovery on Plaintiff's Motion to Extend Discovery as to Newly-Discovered Evidence [ECF No. 92 ]. FURTHER ORDERED that Defendants' supplemental reply be extended to fourteen (14) days after the filing of Plaintiff's supplemental opposition to Defendants' motion for summary judgment. Signed by Judge Andrew P. Gordon on 1/10/2019. (Copies have been distributed pursuant to the NEF - MMM)

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ANGELA H. DOWS, ESQ.
Nevada Bar No. 10339
[e-mail]
PREMIER LEGAL GROUP
1333 North Buffalo Drive, Suite 210
Las Vegas, Nevada 89128
Telephone: [phone]
Facsimile: [phone]
Pro Bono Counsel Referred
via the Legal Aid Center of Southern Nevada
for Plaintiff HYRUM JOSEPH WEST

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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***

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IT IS HEREBY STIPULATED by and between Angela H. Dows, Esq., counsel for

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Plaintiff HYRUM JOSEPH WEST, and Craig R. Anderson, Esq., and Jonathan B. Lee, Esq.,

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HYRUM JOSEPH WEST,
Plaintiff,

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v.

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NYE COUNTY, et al.,

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Defendants.

2:13-cv-00271-APG-VCF
STIPULATION TO EXTEND TIME
TO FILE SUPPLEMENTAL
OPPOSITION AND SUPPLEMENTAL
REPLY TO MOTION FOR
SUMMARY JUDGMENT
(First Request)
ORDER

counsel for Defendants NYE COUNTY, et al., that the dates for: (1) Plaintiff HYRUM JOSEPH

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WEST to file his supplemental opposition be extended to thirty (30) days following the final
decision on Plaintiff’s Motion to Extend Discovery as to Newly-Discovered Evidence [ECF No.

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92], and (2) Defendants’ supplemental reply be extended to fourteen (14) days after the filing of

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Plaintiff’s supplemental opposition.

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The parties also agree that a final decision on Plaintiff’s Motion [ECF No. 92] includes
an allowance of time for the parties to file and obtain ruling(s) on, if filed, any objections to any
report(s) or order(s) as to Plaintiff’s Motion.. This is the first stipulation filed in the matter to

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continue the deadlines for the supplemental opposition and reply, and is entered into for the
following reasons:
1.

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That, as noted, on December 28, 2018 Plaintiff has filed a motion to extend and
re-open discovery related to newly-discovered evidence [ECF No. 92.]

2.

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The motion to extend potentially impacts the evidence in the instant case,
including arguments or additional discovery potentially having a bearing on the

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pending motion for summary judgment.
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3.

That without a continuance of the supplemental opposition and reply, then

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important issues in the case may be undetermined prior to the ruling of a

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potentially dispositive motion in the case.

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4.

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That Plaintiff HYRUM JOSEPH WEST is currently incarcerated, and does not
object to the subject brief continuance.

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The additional time requested herein is being sought in good faith not sought for

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purposes of delay, but merely to allow the parties adequate time to have the
necessary issues reviewed related to potentially important additional discovery in
the case.
DATED this 9th day of January, 2019.
PREMIER LEGAL GROUP
By: /s/ Angela H. Dows
ANGELA H. DOWS, ESQ.
1333 North Buffalo Drive, Suite 210
Las Vegas, Nevada 89128
[e-mail]
Pro Bono Counsel Referred
via the Legal Aid Center of Southern Nevada
for Plaintiff HYRUM JOSEPH WEST

MARQUIS AURBACH COFFING
By: /s/ Craig R. Anderson
CRAIG R. ANDERSON, ESQ.
By: /s/ Jonathan B. Lee
JONATHAN B. LEE, ESQ.
10001 Park Run Drive
Las Vegas, Nevada 89145
[e-mail]
Counsel for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HYRUM JOSEPH WEST,

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Plaintiff,
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v.
NYE COUNTY, et al.,
Defendants.

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FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
ORDER THEREON

FINDINGS OF FACT

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2:13-cv-00271-APG-VCF

Based on the pending Stipulation of the parties, and good cause appearing therefore, the

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Court finds that:

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1.

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On December 28, 2018, Plaintiff HYRUM JOSEPH WEST filed a Motion to

Extend Discovery as to Newly-Discovered Evidence [ECF No. 92.]

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2.

The Court’s ruling on Plaintiff’s Motion [ECF No. 92] may ultimately result in

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additional discovery or briefing in the case, all of which could have an impact upon dispositive
issues, including Defendants’ pending motion for summary judgment.
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Thus, the parties anticipate that Plaintiff’s Motion [ECF No. 92] to extend

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discovery will need to be briefed and concluded prior to effectuating final briefing as to

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Defendants’ Renewed Motion for Summary Judgment. [See ECF No. 91.]

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4.

That Plaintiff HYRUM JOSEPH WEST is incarcerated, and does not object to the

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subject continuance.
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5.

The additional time requested herein is not sought for purposes of delay, but
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merely to allow the parties to resolve an important discovery issue in the instant case, taking into
account the exercise of due diligence.
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Additionally, denial of this request for a continuance could result in the

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miscarriage of justice without resolving the instant discovery dispute prior to concluding

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dispositive motion briefing.

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CONCLUSIONS OF LAW

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The additional time requested by this stipulation is sought in good faith not sought for
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purposes of delay, but instead to allow the parties adequate time to work through a discovery

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matter, taking into account the exercise of due diligence. For all of the above-stated reasons, the

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ends of justice would best be served by a brief continuance of the supplemental opposition and

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supplemental reply to Defendants’ motion for summary judgment.

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ORDER
IT IS THEREFORE ORDERED that the previously-scheduled deadline of January 10,

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2019 for Plaintiff HYRUM JOSEPH WEST to file his supplemental opposition to Defendants’
motion for summary judgment is extended to thirty (30) days following the final decision or

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receipt of discovery on Plaintiff’s Motion to Extend Discovery as to Newly-Discovered Evidence

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[ECF No. 92].

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IT IS FURTHER ORDERED that Defendants’ supplemental reply be extended to

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fourteen (14) days after the filing of Plaintiff’s supplemental opposition to Defendants’ motion

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for summary judgment.
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________________________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
Dated: January 10, 2019.

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