Perez v. State of Nevada

Filing 138

ORDER granting 134 Motion to Extend Time; ORDER granting 137 Motion for Leave to File Document; By March 11, 2020, the parties must confer. Signed by Judge Andrew P. Gordon on 3/2/2020. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 Gladys Perez,
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Case No. 2:14-cv-2087-APG-BNW
Petitioner,

v.

ORDER

5 State of Nevada, et al.,
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(ECF Nos. 134, 137)

Respondents.

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This habeas matter came before me for a contempt hearing at 9:00 a.m. on February 28,

10 2020. See ECF Nos. 128, 131, 135. Present was Amelia Bizarro, Esq., counsel for petitioner
11 Gladys Perez; Jessica Perlick, Esq., counsel for the respondents; and Bret O. Whipple, Esq.,
12 Perez’s former counsel in the state post-conviction proceedings. After considering the parties’
13 submissions, Whipple’s sworn testimony, and counsel’s representations at the hearing,
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I HEREBY ORDER as follows:

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1. Attorney Bret O. Whipple has satisfied my show cause order (ECF No. 128),

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demonstrating that a finding of civil contempt or discipline is not warranted.

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2. Perez’s unopposed Motion to Extend Time to Complete Discovery (ECF No. 134) and

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Motion for Leave to File Supplemental Exhibits (ECF No. 137) are GRANTED.

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3. To clarify my September 30, 2019 order (ECF No. 119 at 20) regarding briefing of the

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narrow equitable tolling issue for which discovery was granted, the following

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procedure will apply. After the close of discovery, Perez will submit a memorandum

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of points and authorities addressing solely the equitable tolling issue. The respondents

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may then file a response memorandum within 14 days after service of Perez’s

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memorandum. No reply is permitted. I will then reinstate the motion to dismiss and

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motion for evidentiary hearing and issue a comprehensive ruling.

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By March 11, 2020, the parties must (i) confer regarding the amount of time necessary to

4 complete any remaining discovery and brief the equitable tolling issue in accordance with this
5 order, and (ii) submit a stipulation indicating the proposed deadlines for discovery and briefing.
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Dated: March 2, 2020.
________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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