Nix v. United States of America

Filing 44

ORDER. IT IS HEREBY ORDERED that 37 the Motion is DENIED in part as to excluding the "Timing Document" (as defined in the Motion) and witness Luke Smith of the City of Henderson, and the Motion is GRANTED in part as to reopening discovery. See Order for further details/deadlines. Signed by Judge Richard F. Boulware, II on 6/6/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 BRYAN NIX, Plaintiff, 9 v. 10 11 UNITED STATES OF AMERICA, Defendant. 12 ) Case No: 2:13-cv-01305-RFB-GWF ) ) ) Proposed ) ORDER ) ) ) ) ) 13 This matter came before the Court on Defendant United States’ Motion to Exclude 14 15 Plaintiff’s Late-Disclosed Document and Witness (ECF No. 37) (“Motion”), Plaintiff’s 16 opposition thereto (ECF No. 39), and the April 20, 2017 hearing attended by counsel of record 17 for the parties. Having considered the matter, IT IS HEREBY ORDERED that the Motion is DENIED in part as to excluding the 18 19 “Timing Document” (as defined in the Motion) and witness Luke Smith of the City of 20 Henderson, and the Motion is GRANTED in part as to reopening discovery. 21 IT IS FURTHER ORDERED that Plaintiff shall serve his final supplemental 22 disclosure of documents, witnesses, and identity of a traffic expert witness, if any, by May 22, 23 2017. 24 25 26 IT IS FURTHER ORDERED that Plaintiff shall serve his traffic expert witness’ written report, if any, by July 6, 2017. IT IS FURTHER ORDERED that the United States shall serve its final supplemental 27 disclosure of documents, witnesses, identity of and written report by its traffic expert witness, 28 if any, by July 26, 2017. 1 1 IT IS FURTHER ORDERED that discovery cut off is set as August 18, 2017. 2 IT IS FURTHER ORDERED that a proposed joint pretrial order is due August 25, 3 4 2017. DATED: June 6, 2017. 5 _______________________________ RICHARD F. BOULWARE, II United States District Judge 6 7 8 Approved as reflecting the Court’s ruling at the April 20, 2017 hearing, 9 STEVEN W. MYHRE Acting United States Attorney YAN KENYON /s/ Patrick A. Rose PATRICK A. ROSE Assistant United States Attorney Attorneys for the United States /s/ Jay A. Kenyon JAY A. KENYON, ESQ. 7881 W. Charleston Blvd., Suite 165 Las Vegas, Nevada 89117 Attorney for Plaintiffs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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