Brooks v. City of Henderson et al

Filing 43

ORDER Granting 42 Stipulation to Extend Time (First Request) re 39 MOTION for Summary Judgment. Responses due by 12/9/2016. Replies due by 12/22/2016. Signed by Chief Judge Gloria M. Navarro on 11/17/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:14-cv-00374-GMN-GWF Document 42 Filed 11/16/16 Page 1 of 3
JOSH M REID
City Attorney
Nevada Bar No. 7497
NANCY D. SAVAGE
Assistant City Attorney
Nevada Bar No. 392
240 Water Street, MSC 144
Henderson, NV 89015
[phone] Telephone
[phone] Facsimile
[e-mail]
Attorney for Defendant
OFFICER JOSEPH W. EBERT
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
CASE NO.: 2:14-CV-00374-GMN-GWF

ADAM BROOKS,
Plaintiff,
v.
CITY OF HENDERSON; CHIEF JAMES
WHITE, individually and in his capacity as
Interim Chief of the Henderson Police
Department; OFFICER JOSEPH W.
EBERT, individually; DOES I through 10,
inclusive,
Defendants.

STIPULATION AND ORDER TO EXTEND TIME FOR FILING OPPOSITION
AND REPLY
(FIRST REQUEST)
COMES NOW, Plaintiff ADAM BROOKS, by and through his attorneys, Cal J.
Potter, III, Esq., and C.J. Potter, IV, Esq., of the POTTER LAW OFFICES, and Defendant
OFFICER JOSEPH W. EBERT, by and through his attorneys, Josh M. Reid, City Attorney
and Nancy D. Savage, Assistant City Attorney for the CITY OF HENDERSON, pursuant to
LR 6-1, and hereby, stipulate, agree and make joint application to extend the time for
Plaintiff to file his Opposition to Defendant Officer Joseph W. Ebert’s Motion for Summary
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Case 2:14-cv-00374-GMN-GWF Document 42 Filed 11/16/16 Page 2 of 3

Judgment (ECF 39). Plaintiff’s Opposition is currently due on November 28, 2016. The
parties stipulate, agree and respectfully request an eleven (11) day extension up to and
including December 9, 2016, for Plaintiff to file his Opposition.
It is further stipulated, agreed and respectfully requested that the time for Defendant
Ebert to file his Reply in Support of his Motion for Summary Judgment be set and
extended to be due on or before December 22, 2016. The due date for Defendant Ebert’s
Reply to be filed will not change if the Plaintiff actually files his Reply earlier than
December 9, 2016.
Good cause exists for the above extensions because counsel for Defendant Ebert
is scheduled to be out of the country for a period of two weeks, commencing a couple of
days before the date that Plaintiff’s Opposition is currently due. The extension provides
some additional time over the Thanksgiving holiday and extends during the time that
Defendant’s counsel will be gone. If the Plaintiff filed his opposition on the current due
date, the time for Defendant’s Reply would expire before Defendant’s counsel returned.
The parties have agreed to slightly extend the time that Defendant’s counsel would have
to Reply after her return, to accommodate that which may arise while she is out of the
country.
Based upon the foregoing, the parties request that this Court order the extension of
time for the Plaintiff to file his Opposition to Defendant’s Motion to for Summary Judgment
(ECF 39), up to and including Friday, December 9, 2016, and set the deadline for
Defendant to file his Reply as Thursday, December 22, 2016.
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Case 2:14-cv-00374-GMN-GWF Document 42 Filed 11/16/16 Page 3 of 3

This is the first request for enlargement of time to file Plaintiff’s Opposition to the
Defendant’s Motion for Summary Judgment, and to extend the time for Defendant to file
his Reply. This request is made in good faith and not for the purposes of delay.
POTTER LAW OFFICES

CITY OF HENDERSON
JOSH M. REID, City Attorney

/s/ Cal J. Potter
CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
C.J. POTTER IV., ESQ.
Nevada Bar No. 1988
1125 Shadow Lane
Las Vegas, Nevada 89102
Attorneys for Plaintiff

/s/ Nancy D. Savage
JOSH M. REID, ESQ.
City Attorney
Nevada Bar No. 7497
NANCY D. SAVAGE, ESQ.
Assistant City Attorney
Nevada Bar No. 392
240 Water Street, MSC 144
Henderson, Nevada 89009
Attorney for Defendants

DATED: November 14, 2016

DATED: November 15, 2016

ORDER
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IT IS SO ORDERED this _______ day of November, 2016.

____________________________________
UNITED STATES DISTRICT COURT JUDGE

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