Howard v. Foster et al

Filing 148

ORDER Granting 147 Stipulation to Extend Certain Post-Trial Deadlines. See Order for deadlines. Signed by Judge Richard F. Boulware, II on 10/8/2018. (Copies have been distributed pursuant to the NEF - ADR)

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Margaret A. McLetchie, Nevada Bar No. 10931
Alina M. Shell, Nevada Bar No. 11711
MCLETCHIE SHELL LLC
701 East Bridger Ave., Suite 520
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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REGINALD HOWARD,

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Plaintiff,

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v.

ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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Case No.: 2:13-cv-01368-RFB-NJK
STIPULATION TO EXTEND
CERTAIN POST-TRIAL DEADLINES
PENDING POSSIBLE RESOLUTION
OF MATTER

S. FOSTER, et al.,

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(First Request)
Defendants.

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COME NOW, Plaintiff, Reginald Howard, by and through his attorneys, Margaret A.

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McLetchie and Alina M. Shell, of the law firm of McLetchie Shell, LLC, along with

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Defendants, Aaron Dicus, Sean Bloomfield, and Gustavo Sanchez, by and through their

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attorneys, Adam Paul Laxalt and Frank A. Toddre II, of Nevada Attorney General’s Office,

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and hereby agree and stipulate to extend certain post-trial deadlines.

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First, the deadline for Plaintiff to submit a proposed order with underlying

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documentation as to fees and costs pursuant to 42 U.S.C. § 1988. (ECF No. 142) shall be

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extended from October 5, 2018 to November 19, 2018.

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Second, Defendants have filed a Motion for Relief of Judgment under Rule 59 on

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October 4, 2018.1 Plaintiff’s deadline to respond to that Motion shall be extended until

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December 18, 2018.

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The 28-day deadline put forth in FRCP 59(b) is not waivable as a jurisdictional time limit.
As such, the Defendants’ filed this motion to preserve their right to relief while parties were
engaged in post-trial discussion for resolution.

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Third, Defendants have filed an Objection to the Bill of Costs filed by Plaintiff on

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October 4. 2018. Plaintiff’s reply, if any, to any Objection shall be due on November 13,

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2018.

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This Stipulation is not sought for any improper purpose or other purpose of delay,

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but in the interest of effectively representing Plaintiff’s interests in this matter. The parties

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are currently discussing settlement and wish to reduce the accumulation of attorney’s fees.

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IT IS SO STIPULATED.

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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DATED this 4th day of October, 2018.

DATED this 4th day of October, 2018.

/s/ Alina M. Shell
MARGARET A. MCLETCHIE
Nevada Bar No. 10931
ALINA M. SHELL
Nevada Bar No. 11711
MCLETCHIE SHELL, LLC
701 East Bridger Ave., Suite 520
Las Vegas, NV 89101
[phone]
[e-mail]
Attorneys for Plaintiff Reginald Howard

/s/ Frank A. Toddre, II
ADAM PAUL LAXALT
Nevada Bar No.12426
FRANK A. TODDRE II
Nevada Bar No. 11474
OFFICE OF THE ATTORNEY GENERAL
Bureau of Litigation – Public Safety Division
555 E. Washington Ave., Suite 3900
Las Vegas, NV 89101
[phone]
[e-mail]
Attorneys for Defendants

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ORDER

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IT IS SO ORDERED.

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DATED: October 8, 2018.

__________________________
RICHARD F. BOULWARE, II
UNITES United States District Court
STATES DISTRICT COURT JUDGE

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