King v. Calderwood et al

Filing 89

ORDER Granting 88 Stipulation for Extension of Time to File Dispositive Motions. Signed by Magistrate Judge Peggy A. Leen on 8/6/15. (Copies have been distributed pursuant to the NEF - TR)

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Case 2:13-cv-02080-GMN-PAL Document 88 Filed 08/04/15 Page 1 of 5 1 2 3 4 5 6 7 8 ADAM PAUL LAXALT Nevada Attorney General CAROLINE BATEMAN Deputy Attorney General Nevada Bar No. 12281 Public Safety Division 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 Telephone: (702) 486-0621 Facsimile: (702) 486-3773 cbateman@ag.nv.gov Attorneys for Defendants James G. Cox and Quentin Byrne Office of the Attorney General UNITED STATES DISTRICT COURT 10 555 East Washington Avenue, Suite 3900 Las Vegas, Nevada 89101-1068 9 DISTRICT OF NEVADA 11 MATHEW J. KING, 12 Plaintiff, 13 vs. 14 AMY CALDERWOOD, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) CASE NO.: 2:13-cv-02080-GMN-PAL STIPULATION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS (FIRST REQUEST) 16 17 18 19 20 21 22 23 24 25 26 27 Defendants James G. Cox and Quentin Byrne, by and through counsel, ADAM PAUL LAXALT, Attorney General of the State of Nevada, and CAROLINE BATEMAN, Deputy Attorney General, and MATHEW J. KING, Plaintiff pro se (together “the Parties”) hereby stipulate and make a joint application for an extension of time for the filing of dispositive motions pursuant to Local Rule 6 and Local Rule 26-4. DATED this 4th day of August, 2015 ADAM PAUL LAXALT Nevada Attorney General By: /s/ Caroline Bateman CAROLINE BATEMAN Deputy Attorney General Attorneys for Defendants James G. Cox and Quentin Byrne 28 -1- Case 2:13-cv-02080-GMN-PAL Document 88 Filed 08/04/15 Page 2 of 5 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. PROCEDURAL HISTORY 3 Plaintiff commenced this suit with the filing of a Civil Rights Complaint on September 4 24, 2013 in the Eighth Judicial District Court of Nevada. On November 12, 2013, Defendants 5 filed a Petition for Removal. 6 Plaintiff stated viable claims for deliberate indifference to serious medical need in violation of 7 the Eighth Amendment. Dkt. #6. Dkt. #1. Pursuant to screening, the Court determined that (“EMC”) program. Dkt. #9. On August 8, 2014, the parties engaged in an EMC. Dkt. #12. 10 Office of the Attorney General On June 5, 2014, the Court referred the case to the Inmate Early Mediation Conference 9 555 East Washington Avenue, Suite 3900 Las Vegas, Nevada 89101-1068 8 On September 25, 2014, Defendants filed an Updated Report of the Office of the Attorney 11 General informing the Court that the parties had not reached a settlement during the EMC. 12 Dkt. #13. 13 On February 5, 2015, the Court issued its Scheduling Order. Dkt. #42. The Court’s 14 Scheduling Order set the deadline for motions for summary judgment for June 5, 2015. Dkt. 15 #42 at 3. 16 On February 25, 2015, Plaintiff filed a Motion for Enlargement of Time to conduct 17 discovery. Dkt. #48. On March 16, 2015, Defendants filed a non-opposition to Plaintiff’s 18 Motion for Enlargement of Time. Dkt. #51. On May 22, 2015, the Court granted Plaintiff’s 19 motion. Dkt. #77. The Court set the new deadline for motions for summary judgment for 20 August 5, 2015. Dkt. #77. 21 22 23 24 25 On May 11, 2015, Defendants Cox and Byrne filed their Answer to Plaintiff’s Complaint. Dkt. #65. The Parties now stipulate and make a joint application to extend the time to file dispositive motions. II. LEGAL ANALYSIS 26 The Court has broad discretion in supervising the pretrial phase of litigation, which 27 includes establishing discovery deadlines. See Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 28 -2- Case 2:13-cv-02080-GMN-PAL Document 88 Filed 08/04/15 Page 3 of 5 1 1087 (9th Cir. 2002). LR 6-1 governs requests for extensions of time and it requires the 2 following: “every motion or stipulation to extend time shall inform the Court of any previous 3 extensions granted and state the reasons for the extension requested.” 4 governs extensions of scheduled deadlines, further requires that motions or stipulations to 5 extend deadlines must be supported by a showing of “good cause” and requests to extend 6 deadlines that are filed less than twenty-one (21) days before the expiration of said deadlines 7 must be supported by a showing of excusable neglect. 8 9 III. A. Office of the Attorney General 555 East Washington Avenue, Suite 3900 Las Vegas, Nevada 89101-1068 10 LR 26-4, which REQUESTED EXTENSION AND GOOD CAUSE THEREFOR Discovery Completed Plaintiff has submitted two sets of Interrogatories and Requests for Admissions as well 11 as one set of Requests for Production of Documents. 12 Plaintiff’s discovery requests. 13 B. Defendants have responded to Discovery remaining to be Completed 14 Discovery is currently closed. There is no discovery currently pending between the 15 parties. However, Plaintiff has a pending motion to compel discovery before the Court. Dkt. 16 #87. 17 C. 18 Good Cause Explanation for the Request of an Extension The parties request an extension of time to file their dispositive motions based on 19 recent medical tests performed on Plaintiff to monitor and evaluate his Hepatitis-C. 20 parties are awaiting a review of Plaintiff’s recent test results by medical staff at the Nevada 21 Department of Corrections to determine his possible qualification for a treatment program. 22 Based on the results of those tests, Plaintiff may be admitted to the treatment program that he 23 seeks through his Complaint, thus obviating the need for dispositive motions. The parties 24 expect the review of Plaintiff’s medical records to take place very shortly. Based on the recent 25 medical tests performed on Plaintiff, and the pending review of Plaintiff’s test results and 26 medical records, the parties assert that good cause exists to extend the deadline to file 27 dispositive motions. As such, the parties request an extension of thirty (30) days to file their 28 -3- The Case 2:13-cv-02080-GMN-PAL Document 88 Filed 08/04/15 Page 4 of 5 1 2 dispositive motions. D. 3 The Present Motion for Extension of Time was not Submitted within 21 Days before the Expiration of the Discovery Deadline due to Excusable Neglect. 4 The parties were aware of the dispositive motion deadline in the present case. 5 However, Plaintiff’s recent medical testing took place within the last few weeks and the parties 6 are awaiting an evaluation of the tests results to determine whether Plaintiff will qualify for a 7 treatment program. The parties assert that excusable neglect caused them to request an 8 extension of time outside the 21-day requirement of LR 26-4. 9 IV. Office of the Attorney General 555 East Washington Avenue, Suite 3900 Las Vegas, Nevada 89101-1068 10 11 CONCLUSION Based on the foregoing, the parties jointly request an extension of time to file their dispositive motions. 12 DATED this 4th day of August, 2015 DATED this 4th day of August, 2015 By: /s/ Mathew J. King1 MATHEW J. KING Plaintiff Pro Se By: /s/ Caroline Bateman CAROLINE BATEMAN Deputy Attorney General Attorneys for Defendants James G. Cox and Quentin Byrne 13 14 15 16 17 ORDER 18 IT IS SO ORDERED: 19 20 DATED: August 6, 2015 _______________ 21 DATED ________________________________ UNITED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT COURT JUDGE 22 23 24 25 26 27 28 1 On August 4, 2015, undersigned counsel for Defendants engaged in a telephonic conference with Plaintiff. At that time, Plaintiff provided oral authorization for the use of his electronic signature. -4- Case 2:13-cv-02080-GMN-PAL Document 88 Filed 08/04/15 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that on the 4th day of August, 2015, I served the foregoing 3 STIPULATION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS (FIRST 4 REQUEST) by causing a true and correct copy thereof to be filed with the Clerk of the Court 5 using the electronic filing system and by causing a true and correct copy thereof to be delivered 6 to the Department of General Services, for mailing at Las Vegas, Nevada, addressed to the 7 following: 8 9 Office of the Attorney General 555 East Washington Avenue, Suite 3900 Las Vegas, Nevada 89101-1068 10 Matthew King #72688 Southern Desert Correctional Center PO Box 208 Indian Springs, NV 89071 11 12 13 /s/ Althea Zayas Althea Zayas An Employee of the Office of the Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

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