Olivas v. State of Nevada, ex rel

Filing 61

ORDER granting 60 Stipulation re: 48 Amended Complaint. Defendants shall have until December 21, 2018, to file a response to Plaintiff's Fourth Amended Complaint. Signed by Magistrate Judge Cam Ferenbach on 12/13/2018. (Copies have been distributed pursuant to the NEF - MMM)

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ADAM PAUL LAXALT
Attorney General
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 East Washington Avenue
Suite 3900
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
Email: [e-mail]

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Attorneys for Defendants State of Nevada,
ex rel the Nevada Board of Prison Commissioners;
State of Nevada, ex rel the Nevada Department of
Corrections; Brian Sandoval; Adam P. Laxalt;
Barbara Cegavske; James Cox; Dwight Neven;
Anthony Scillia; Isidro Baca; Cole Morrow;
Jerry Howell; Jennifer Nash; and Nicholas
Galbiso

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DARIO OLIVAS,

Case No. 2:14-cv-01801-JCM-VCF

Plaintiff,

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v.

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STATE OF NEVADA ex rel. DEPT. OF
CORRECTIONS; NICHOLAS GALBISO,
individually; et al.,

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STIPULATION AND ORDER TO
EXTEND RESPONSE DEADLINE
(Second Request Or First Request
Following Order On Defendants’
Motion To Dismiss)

Defendants.

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Plaintiff Dario Olivas, by and through his attorney, Travis N. Barrick, Esq., and

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Defendants State of Nevada, ex rel the Nevada Board of Prison Commissioners; State of

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Nevada, ex rel the Nevada Department of Corrections; Brian Sandoval; Adam P. Laxalt;

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Barbara Cegavske; James Cox; Dwight Neven; Anthony Scillia; Isidro Baca; Cole Morrow;

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Jerry Howell; Jennifer Nash; and Nicholas Galbiso, by and through counsel, Adam Paul

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Laxalt, Nevada Attorney General, and Jared M. Frost, Senior Deputy Attorney General, of

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the State of Nevada, Office of the Attorney General, hereby stipulate and agree to an eleven

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(11) day extension of the deadline to respond to Plaintiff’s Fourth Amended Complaint.

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On March 5, 2018, Plaintiff filed his Fourth Amended Complaint. ECF No. 48. On

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May 4, 2018, Defendants filed a Motion to Dismiss the Fourth Amended Complaint. ECF

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No. 56. On November 27, 2018, the Court granted in part and denied in part Defendants’

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Motion to Dismiss. ECF No. 59. Absent an extension, Defendants are required to file an

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Answer or other response to the Fourth Amended Complaint by December 11, 2018. See

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Fed. R. Civ. P. 12(a)(4) (if the Court denies a motion filed under Rule 12, the responsive

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pleading must be served within 14 days after notice of the Court’s action).

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The parties here state that there is good cause for an extension. Defendants recently

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presented a settlement proposal for Plaintiff’s consideration and are evaluating a possible

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interlocutory appeal of the Court’s order denying Defendants’ qualified immunity

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arguments. See Knox v. Southwest Airlines, 124 F.3d 1103, 1107 (9th Cir. 1997) (“[W]e have

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jurisdiction over an interlocutory appeal from the denial of qualified immunity where the

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appeal focuses on whether the defendants violated a clearly established law given the

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undisputed facts . . . .”). In the event of either settlement or an appeal, filing a response

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and triggering the discovery period would not be necessary and would not serve the

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Page 2 of 3

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interests of judicial economy. Therefore, the parties submit that there is good cause to

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extend Defendants’ response deadline for an additional eleven (11) days.

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DATED this 11th day of December, 2018.

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GALLIAN WELKER & BECKSTROM, LC

ADAM PAUL LAXALT
Attorney General

By: /s/ Travis N. Barrick
Travis N. Barrick
Nevada Bar No. 9257
540 E. St. Louis Avenue
Las Vegas, NV 89104
Attorneys for Plaintiff

By: /s/ Jared M. Frost
Jared M. Frost
Nevada Bar No. 11132
555 E. Washington Avenue, Ste. 3900
Las Vegas, NV 89101
Attorneys for Defendants

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SO ORDERED. Defendants shall have until December 21, 2018, to file a response

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to Plaintiff’s Fourth Amended Complaint.

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December 13
Dated ___________________________, 2018.

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____________________________________________
UNITED STATES MAGISTRATE JUDGE

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