Howard v. Foster et al

Filing 162

ORDER Granting 161 Stipulation to Extend Certain Post-Trial Deadlines. See Order for deadlines. Signed by Judge Richard F. Boulware, II on 3/28/2019. (Copies have been distributed pursuant to the NEF - ADR)

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AARON D. FORD
Attorney General
FRANK A. TODDRE, II (Bar No. 11474)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Avenue, Suite 3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Defendants Sean Bloomfield
Aaron Dicus, and Gustavo Sanchez

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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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vs.

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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.,
(Fifth Request)

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Defendants.

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

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counsel, Attorney General Aaron D. Ford, and Senior Deputy Attorney General Frank A.

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Toddre II, of the State of Nevada, Office of the Attorney General, along with Plaintiff

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Reginald Howard, by and through his attorneys, Margaret A. McLetchie and Alina M.

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Shell, of the law firm McLetchie Law and hereby agree and stipulate to extend certain post-

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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. 156) shall be

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extended from February 21, 2019 to Monday April 8, 2019.

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Second, Defendants have filed a Motion for Reconsideration under Rule 59. (ECF No.

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145). Plaintiff’s deadline to respond to that Motion shall be extended from February 18,

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2019 to Monday April 8, 2019.

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Third, Defendants have filed a Limited Objection to the Bill of Costs filed by Plaintiff

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on September 20, 2018 (ECF No. 146). Plaintiff’s reply, if any, to any Objection shall be

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extended from February 21, 2019 until Monday April 8, 2019.

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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 both parties’ interests in this matter. The

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parties are currently discussing settlement and wish to reduce the accumulation of

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attorney’s fees.

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The parties are cognizant of this Court’s admonishment that it will not continue

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these post-judgment deadlines ad infinitum. The parties have exchanged the first drafts

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of settlement agreements and are finalizing terms as to the stylings of resolution

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documents.

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Additionally, Mr. Howard was transferred to Ely State Prison for a brief amount of

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time. During that time, Counsel for Mr. Howard was unable to discuss matters with Mr.

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Howard in person. Mr. Howard has since been transferred back to High Desert State

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Prison, and Counsel has been able to meet with him in person to discuss a final resolution

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of this matter.

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The parties appear to have resolved outstanding appellate matters relating to

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Howard’s Appeal in Ninth Circuit Case No. 18-16969 and the possible cross-appeal. Lastly,

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Counsel for Defendants will be out of jurisdiction from March 17 until March 22, 2019, and

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will not have any access to e-mail or State files.

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The parties further note that this stipulation includes an extension of all dates to a

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similar forty-five (45) day enlargement rather than the typical thirty (30) day requests from

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before. This is done in the hopes that this is indeed the final request for extensions and to

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evidence to the Court the parties’ confidence in resolution without the necessity of

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intervention.

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extensions of time.

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Absent exigent circumstances, the parties will not seek any additional

IT IS SO STIPULATED.
DATED this 19th day of February, 2019.

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AARON D. FORD
Attorney General

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DATED this 19th day of February, 2019.

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

/s/ Frank A. Toddre II
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
IT IS SO ORDERED.

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DATED:

March 28, 2019

RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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