Perez et al v. Cox et al

Filing 144

ORDER Granting 143 Stipulation for Extension of Time for the Parties to File Their Dispositive Motions (First Request) re 142 Order on Stipulation, Scheduling Order. Motions due by 10/25/2021. Responses due by 11/22/2021. Replies due by 12/13/2021. Signed by Judge Andrew P. Gordon on 10/6/2021. (Copies have been distributed pursuant to the NEF - YAW)

1 ROBERT W. FREEMAN
Nevada Bar No. 3062
2 [e-mail]
E. MATTHEW FREEMAN
3 Nevada Bar No. 14198
[e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
702.893.3383
6 FAX: [phone]
Attorneys for Defendant
7
Corrections Officer Trainee
Raynaldo-John Ramos
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
***
11
VICTOR PEREZ, as Special Administrator of
CASE NO. 2:15-cv-1572-APG-DJA
12 the Estate of CARLOS PEREZ, deceased;
VICTOR PEREZ, as the Guardian Ad Litem
STIPULATION AND ORDER TO
13 for S.E.P, a minor; VICTOR PEREZ, as the
EXTEND THE DEADLINE FOR THE
Guardian Ad Litem for A.I.P., a minor;
PARTIES TO FILE THEIR
14
DISPOSITIVE MOTIONS AND
Plaintiff,
ADOPTION OF BRIEFING SCHEDULE
15
vs.
16
FIRST REQUEST
STATE OF NEVADA, ex. rel. NEVADA
17 DEPARTMENT OF CORRECTIONS;
DIRECTOR GREG COX, individually;
18 WARDEN DWIGHT NEVEN, individually;
ASSISTANT WARDER TIMOTHY FILSON,
19 individually; COT RAMOS, individually;
LIEUTENANT OLIVER, individually;
20 CORRECTIONS OFFICER CASTRO,
individually; CORRECTIONS OFFICER
21 SMITH, individually; and DOES I-X,
inclusive; and ROES I-X, inclusive;
22
Defendants.
23
24

Pursuant to IA 6-1 and LR 26-3, Plaintiff, Victor Perez, as Special Administrator of the

25 Estate of Carlos Perez, deceased; Victor Perez, as Guardian Ad Litem for S.E.P., a minor; Victor
26 Perez, as Guardian Ad Litem for A.I.P., a minor, Defendants State of Nevada ex. rel. Nevada
27 Department of Corrections, Director Greg Cox, Warden Dwight Neven, Assistant Warden

LEWIS

28 Timothy Filson, COT Ramos, Lieutenant Oliver, Corrections Officer Castro, and Corrections

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4837-9960-0126.1

1 Officer Smith, by and through their respective counsel of record, hereby stipulate to extend the
2 deadline to file Dispositive Motions in the above-captioned case by seven (7) days, up to and
3 including October 25, 2021. The parties further stipulate that oppositions to Dispositive Motions
4 will be due on November 22, 2021, and that Replies will be due on December 13, 2021.
5

This stipulation to extend time is not sought for any improper purpose or other purpose of

6 delay. This request for extension is based upon the following:
7

Attorney for Defendant Corrections Officer Ramos is currently preparing motions that are

8 due in Latham v. Henderson, case number A-19-790017-C; Juma v. Clark County, case number
9 2:20-cv-00120-JCM-EJY; and Perez, et al v. Ramos, et al, case number 2:15-cv-1572-APG-DJA.
10

Further counsel for Defendant Corrections officer Trainee Raynaldo-John Ramos will be

11 out of the state from October 7, 2021 to October 18, 2021.
12

The stipulated extension will not affect other deadlines of the scheduling order. Under LR

13 26-1(b)(5), if dispositive motions are filed, the deadline for filing the pretrial order—currently set
14 for November 18, 2021, ECF No. 142 at 6—will be suspended “until 30 days after decision on the
15 dispositive motions or further court order.”
16

WHEREFORE, the parties respectfully request that this Court extend the time for the

17 parties to file their Dispositive Motions by seven (7) days from the current deadline of October 18,
18 2021 up to and including October 25, 2021, with Oppositions due on November 22, 2021 and
19 Replies due on December 13, 2021.
20
21
22
23
24
25
26
27

LEWIS

DATED this 5th day of October, 2021.

DATED this 5th day of October, 2021.

LEWIS BRISBOIS BISGAARD & SMITH

CLARK HILL PLLC

/s/ Robert W. Freeman
ROBERT W. FREEMAN
Nevada Bar No. 3062
E. MATTHEW FREEMAN
Nevada Bar No. 14198
6385 S. Rainbow Blvd, Suite 600
Las Vegas, Nevada 89118
Attorneys for the Defendants
Las Vegas Metropolitan Police Department
Officer Michael Souder

/s / Paola M. Armeni
PAOLA M. ARMENI
Nevada Bar No. 8357
JEREMY J. THOMPSON
Nevada Bar No. 12503
3800 Howard Hughes Parkway
Suite 500
Las Vegas, Nevada 89169
Attorneys for Plaintiff

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4837-9960-0126.1

2

1
2
3
4
5
6
7
8
9
10
11
12

DATED this 5th day of October, 2021.

DATED this 5th day of October, 2021.

AARON D. FORD

ARMSTRONG TEASDALE LLP

/s / Akke Levin
STEVEN G. SHEVORSKI
Nevada Bar No. 8256
AKKE LEVIN
Nevada Bar No. 9102
KIEL B. IRELAND
Nevada Bar No. 15368C
100 N. Carson Street
Carson City, Nevada 89701
Attorneys for Defendants
State of Nevada, ex. rel. Nevada Department
of Corrections, Director James Greg Cox,
Warden, Dwight Neven, Assistant Warden
Timothy Filson, and Lieutenant Ronald
Oliver

13

DATED this 5th day of October, 2021.

14

/s / Jeffrey S. Barr
JEFFREY F. BARR
Nevada Bar No. 7269
3770 Howard Hughes Parkway
Suite 200
Las Vegas, Nevada 89169
Attorneys for Defendant
Corrections Officer Isaiah Smith

MARQUIS AURBACH & COFFING

15
16
17
18
19
20
21

/s / Craig R. Anderson
CRAIG R. ANDERSON
Nevada Bar No. 06822
JAMES A. BECKSTROM
Nevada Bar No. 14032
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendant
Corrections Officer Castro
ORDER

22
IT IS SO ORDERED.

23
24

Dated this ___ day of ______________, 2021.
6th
October

25
26

______________________________________
____
_______________________
U.S. DISTRICT COURT JUDGE
S DISTRICT
JUD

27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4837-9960-0126.1

3