Gamble v. Southern Desert Correctional et al

Filing 100

ORDER granting 99 STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery 95 Order. Discovery due by 9/14/2020. Motions due by 10/14/2020. Proposed Joint Pretrial Order due by 11/16/2020. Signed by Magistrate Judge Cam Ferenbach on 6/17/2020. (Copies have been distributed pursuant to the NEF - DRS)

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M. Caleb Meyer, Esq.
Nevada Bar No. 13379
Renee M. Finch, Esq.
Nevada Bar No. 13118
Lauren D. Calvert, Esq.
Nevada Bar No. 10534
MESSNER REEVES LLP
8945 West Russell Road, Suite 300
Las Vegas, Nevada 89148
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ESTATE OF CLARENCE GAMBLE, by and
through its Special Administrator, BERNITA
LUJAN

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Plaintiff,

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Vs.

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SOUTHERN DESERT CORRECTIONAL
CENTER, et al.,

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CASE NO: 2:15-cv-00619-JAD-VCF

STIPULATION AND ORDER TO
EXTEND DISCOVERY
(Third Request)

Defendants.

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Pursuant to LR 6-1 and LR 26-4, the Parties, through their respective attorneys of

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record, hereby stipulate and request that this court extend the discovery deadlines in the

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above-captioned case ninety days. In support of this stipulation and request, the parties state

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as follows:
I.

DISCOVERY COMPLETED TO DATE
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Both parties served written discovery.

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2.
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Plaintiff served subpoena duces tecum on medical providers.

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Both parties responded to written discovery.

The parties are working together to schedule further depositions.

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II.

WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

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This case was filed in 2015 by Gamble as a pro se inmate. The parties attended

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mediation on August 30, 2019, with the Hon. Magistrate Judge Cam Ferenbach. The parties

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did not resolve the matter. On that same date, while preparing to travel back to the correctional

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facility in which Plaintiff was housed, Plaintiff unexpectedly passed away. Special

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administration for Plaintiff’s Estate has been accomplished. However, because of the

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COVID-19 pandemic, the parties have been unable to set the depositions of Defendants in

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this matter. The parties are exploring videoconference capabilities of Defendants and their

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availability.

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III.

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DISCOVERY REMAINING
1.

Depositions of the parties.

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Written discovery.

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3.

Acquisition of medical records.

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4.

Any other discovery the parties deem necessary as the case progresses.

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EXTENSION OR MODIFICATION OF THE DISCOVERY PLAN AND
SCHEDULING ORDER

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LR 26-4 governs modifications of extensions of the Discovery Plan and Scheduling

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IV.

Order. Any stipulation or motion must be made no later than twenty-one days before the

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expiration of the subject deadline and comply fully with LR 26-4.

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The following is a list of the current discovery deadlines and the parties’ proposed
extended deadlines.

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ACTIVITY

DATE

PROPOSED DEADLINE

Amend Pleadings or Add
Parties
Expert Disclosures Pursuant
to Fed.R.Civ.P. 26(a)(2)
Rebuttal Expert Disclosure
Pursuant to
Fed.R.Civ.P. 26(a)(2)
Discovery Cut-Off Date

July 30, 2018

Passed

April 16, 2020

Passed

May 18, 2020

Passed

June 15, 2020

September 14, 2020

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Dispositive Motions

July 15, 2020

October 14, 2020

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Joint Pretrial Order

September 16, 2019

November 16, 2020

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In the event that dispositive motions are filed, the date for filing the Joint Pre-Trial

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Order shall be suspended until thirty days after a decision on the dispositive motions or further

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order of the Court. The disclosures required by Rule 26(a)(3) and any objection hereto shall

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be included in the Pre-Trial Order.

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This request for an extension of time is not sought for any improper purpose or other

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purpose of delay. The parties have worked together at moving discovery forward and have

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worked to get this case moving forward, but the fact of this being a 2015 case, the matter

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having been stayed for a considerable amount of time, discovery having been re-opened

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following the denial of Plaintiffs’ Motion for Summary Judgment and appointment of pro

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bono counsel, the time for appointment of pro bono counsel, and Plaintiff being an inmate

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and subsequently dying has made things more difficult and caused delays not necessarily
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present in some other cases.

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This is the third request for extension of time in this matter. The prior two extensions

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were requested by Plaintiff prior to having counsel appointed. The parties respectfully submit

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that the reasons set forth above constitute compelling reasons for the discovery extension.

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WHEREFORE, the parties respectfully request that this court extend the discovery

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period by ninety (90) days, from the current deadline of June 15, 2020 up to and including
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September 14, 2020, and the other discovery dates as outlined in accordance with the table
above.
DATED this 15th day of June, 2020.

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MESSNER REEVES LLP

/s/ Lauren D. Calvert, Esq.
LAUREN CALVERT, ESQ.
15
8945 West Russell Road, Ste. 300
16 Las Vegas, Nevada 89148
[phone]
17 Attorneys for Plaintiff
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OFFICE OF THE ATTORNEY GENERAL

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_/s/ Austin T. Barnum, Esq.____________
Austin T. Barnum
Nevada Bar No. 13336
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101
[phone] (phone)
Email: [e-mail]
Attorneys for Defendants

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ORDER
IT IS SO ORDERED.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE
6-17-2020
Dated: _______________________

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