Nickler v. County of Clark et al

Filing 102

ORDER granting 101 Stipulation; Re: 97 Motion for Summary Judgment, 96 Motion to Dismiss. Responses due by 10/25/2019. Signed by Judge James C. Mahan on 10/3/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:14-cv-01907-JCM-DJA Document 101 Filed 10/02/19 Page 1 of 3

1
2
3
4
5
6

JAMES P. KEMP, ESQUIRE
Nevada Bar No. 006375
KEMP & KEMP, ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110,
Las Vegas, NV 89130
[phone] tel./[phone] fax
[e-mail]
Attorney for Plaintiff JACQUELYNN NICKLER
UNITED STATES DISTRICT COURT

7
8
9
10
11

ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

12
13
14
15
16
17

DISTRICT OF NEVADA
JACQUELYNN NICKLER,

)
)
)
Plaintiff,
)
vs.
)
)
COUNTY OF CLARK, organized and of the )
existing under the laws of State of Nevada;
)
STEVEN D. GRIERSON, court administrator, )
individually; KATHLEEN LAMBERMONT, )
administrator of the Clark County District
)
Attorney’s office, individually; and, DOE 1
)
through 10, inclusive;
)
)
Defendants.
)
.

Case No. 2:14-cv-01907-JCM-DJA
STIPULATION AND ORDER TO
EXTEND TIME FOR PLAINTIFF
TO RESPOND TO
DEFENDANTS’ MOTIONS TO
DISMISS AND FOR SUMMARY
JUDGMENT
(FIRST REQUEST)

18
19
20

The parties, by and through their respective counsel, hereby stipulate to extend the time
for Plaintiff to respond to the Defendants’ Motion to Dismiss (ECF No. 96) or for Summary

21
22
23
24
25
26
27

Judgment (ECF No. 97) from the current due dates of Friday, October 4 and Friday, October
11, 2019 through and including Friday, October 25, 2019.
This is the first request for an extension of this deadline. The parties provide the
following information to the Court regarding the proposed extension of time:
1. Plaintiff’s counsel was on vacation at the time that the Motion for Summary
Judgment was filed on September 16, 2019 and his first day back in the office

28
1

Case 2:14-cv-01907-JCM-DJA Document 101 Filed 10/02/19 Page 2 of 3

1

after vacation was September 26, 2019 and, thus, he has not had the benefit of

2

the full response period to address the Motion to Dismiss or Alternatively for

3

Summary Judgement. Further Plaintiff’s counsel will be out of state for the

4
Nevada Justice Association annual CLE convention from October 3 through

5

October 6, 2019 further limiting the time to respond to the motions;

6
7

2. Additionally, Plaintiff’s counsel is facing a very heavy workload with two

8

other Summary Judgment Oppositions (in addition to the one in this case) due

9

between now and November 1, 2019, an Opening Brief due in Judicial Review

10
of a workers’ compensation decision in state district court due on October 26,

11

ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

12

2019, a Reply Brief due in another Judicial Review case due on October 18,

13

2019, and a Reply Brief due on a Ninth Circuit appeal that has been extended

14

to November 4, 2019. These are all significant matters most of which

15

requiring appellate level briefing;

16

3. Additionally, Plaintiff’s counsel is due to have knee surgery on October 18,

17
2019 and will be unable to work for at least a couple of days post surgery.

18
19

///

20

///

21

///

22

///

23
24
25
26

///
///
///

27
28
2

Case 2:14-cv-01907-JCM-DJA Document 101 Filed 10/02/19 Page 3 of 3

1
2
3

This stipulation to extend the deadline is made in good faith and not for purposes of
delay.

4
5

Dated: October 1, 2019

Dated: October 1, 2019

/s/
James P. Kemp
James P. Kemp, Esq.
KEMP & KEMP ATTORNEYS AT LAW
7435 West Azure Drive, Suite 110
Las Vegas, NV 89130
[phone]/ 258-6983 fax
Attorney for Plaintiffs

/s/
Robert W. Freedman, Jr.
Robert W. Freedman, Jr., Esq.
LEWIS BRISBOIS BISGAARD & SMITH
6385 S. Rainbow Blvd., Ste. 600
Las Vegas, NV 89118
[phone] / [phone] fax
[e-mail]
Attorneys for Defendants Clark County and
Kathleen Lambermont

6
7
8
9
10
11

ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

12

/s/ D. Randall Gilmer
D. Randall Gilmer, Esq.
OFFICE OF ATTORNEY GENERAL
555 E. Washington Avenue, Suite 2600
Las Vegas, NV 89101
[phone] / [phone] fax
[e-mail]
Attorney for Steven D. Grierson

13
14
15
16
17
18

IT IS SO ORDERED:

19
20
21
22

HON. JAMES C. MAHAN, DISTRICT JUDGE
October 3, 2019
Dated:______________________________

23
24
25
26
27
28
3