Perez et al v. Cox et al

Filing 164

ORDER granting 163 Stipulation to Extend Time Re: 159 Motion for Summary Judgment, 153 Motion for Summary Judgment, 146 Motion for Summary Judgment, 147 Motion for Summary Judgment. Responses due by 12/22/2021. Replies due by 1/21/2022. Signed by Judge Andrew P. Gordon on 11/8/2021. (Copies have been distributed pursuant to the NEF - HAM)

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CLARK HILL PLLC
PAOLA M. ARMENI
Nevada Bar No. 8357
Email: [e-mail]
JEREMY J. THOMPSON
Nevada Bar No. 12503
Email: [e-mail]
3800 Howard Hughes Pkwy., #500
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs, Perez Family

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VICTOR PEREZ, as Special Administrator of
CASE NO.: 2:15-cv-01572-APG-DJA
the Estate of CARLOS PEREZ, deceased;
VICTOR PEREZ, as the Guardia Ad Litem for
S.E.P., a minor; VICTOR PEREZ, as the Guardia
Ad Litem for A.I.P., a minor,
STIPULATION AND ORDER TO
Plaintiffs,
EXTEND MOTION FOR
vs.
SUMMARY JUDGMENT BRIEFING
DEADLINES
STATE OF NEVADA, ex.rel. NEVADA
(First Request)
DEPARTMENT OF CORRECTIONS;
DIRECTOR GREG COX, individually;
WARDEN DWIGHT NEVEN, individually;
ASSISTANT WARDEN TIMOTHY FILSON,
individually; COT. RAMOS, individually;
LIEUTENANT OLIVER, individually;
CORRECTIONS OFFICER CASTRO,
individually; CORRECTIONS OFFICER
SMITH, individually; and DOES I-X, inclusive;
and ROES I-X, inclusive,
Defendants.

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Victor Perez, as Special Administrator of the Estate of Carlos Perez, deceased, by and

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through his counsel, Paola M. Armeni, Esq., and Jeremy J. Thompson, Esq., of the law firm of

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Clark Hill, Defendant Raynaldo Ramos, by and through his counsel, Robert W. Freeman, Jr. Esq.,

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of the law firm of Lewis Brisbois Bisgaard & Smith, LLP, Defendants, State of Nevada ex rel

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Nevada Department of Corrections, James Greg Cox, Timothy Filson, Dwight W. Neven and

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Ronald Oliver, by and through their counsel, Steve Shevorski, Esq. and Akke Levin, Esq., of the

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Attorney General’s Office, Defendant Isaiah Smith, by and through his counsel of record Jeffrey

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F. Barr, Esq. of the law firm of Armstrong Teasdale, and Defendant Jeff Castro, by and through

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his counsel, James A. Beckstrom, Esq., of the law firm of Marquis Aurbach Coffing, hereby

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respectfully submit this Stipulation and Order Extending Time for: (1) Plaintiff to Respond to

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Defendant Corrections Officer Castro’s Motion for Summary Judgment [Dkt 146], Defendant

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Raynaldo-John Ramos’ Motion for Summary Judgment [Dkt 147], State of Nevada Ex Rel.

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Nevada Department of Corrections, James “Greg” Cox, Timothy Filson, Dwight Neven and

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Ronald Oliver’s Motion for Summary Judgment [Dkt 153], and Defendant Isaiah Smith’s Motion

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for Summary Judgment [Dkt 159] all filed on October 25, 2021, which responses are currently due

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on November 22, 2021, to be extended an additional thirty days (30) days up to and including

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December 22, 2021; and (2) all Defendants to file their Replies, currently due on December 13,

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2021, to be extended to and including January 21, 2022.

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Since the filing of the Motions for Summary Judgment, Plaintiffs’ counsel learned that she

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will be in trial commencing on November 10, 2021, in the Eighth Judicial District Court, Case

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Number A-17-760868-C, Errol Thompson v. Kathleen Benson, et al., lasting through the end of

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November 2021. Additionally, the time allotted to respond to the four detailed and lengthy

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motions is insufficient to be able to effectively articulate responses. As a result, Plaintiffs’ counsel

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will not be able to respond to four (4) Motions for Summary Judgment by November 22, 2021.

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Counsel for the Defendants have no objection to extending the deadline for Responses and further

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stipulate to the date to reply to Plaintiffs’ Responses. This request for extension is made in good

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faith and not for the purposes of delay.

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WHEREFORE, the parties stipulate that the time for Plaintiffs to file their Response(s) to

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Defendant Corrections Officer Castro’s Motion for Summary Judgment [Dkt 146], Defendant

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Raynaldo-John Ramos’ Motion for Summary Judgment [Dkt 147], State of Nevada Ex Rel.

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Nevada Department of Corrections, James “Greg” Cox, Timothy Filson, Dwight Neven and

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Ronald Oliver’s Motion for Summary Judgment [Dkt 153], and Defendant Isaiah Smith’s Motion

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//

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//

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for Summary Judgment [Dkt 159], be extended an additional thirty days (30) days up to and

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including December 22, 2021 and the time for Defendants to file their Replies be extended to and

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including January 21. 2022.

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APPROVED AS TO FORM AND CONTENT.

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Respectfully submitted this 5th day of November 2021.

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CLARK HILL, PLLC

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LEWIS BRISBOIS BISGAARD &
SMITH LLP

/s/ Paola M. Armeni, Esq.
____________________________
PAOLA M. ARMENI
Nevada Bar No. 8357
3800 Howard Hughes Pkwy., #500
Las Vegas, Nevada 89169
Attorneys for Plaintiffs, Perez Family

/s/ Robert W. Freeman, Jr., Esq.
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Robert W Freeman, Jr., Esq.
Nevada Bar No. 003062
6385 S. Rainbow Blvd., Ste. 600
Las Vegas, NV 89118
Attorneys for Defendant Raynaldo Ramos

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MARQUIS AURBACH COFFING

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/s/ James A. Beckstrom, Esq.
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James A. Beckstrom, Esq.
Nevada Bar No. 14032
10001 Park Run Drive
Las Vegas, NV 89145
Attorneys for Defendant Jeffrey Castro

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OFFICE OF THE ATTORNEY
GENERAL
/s/ Akke Levin, Esq.
____________________________
Steven Shevorski, Esq.
Nevada Bar No. 008256
Akke Levin, Esq.
Nevada Bar No. 009102
100 N Carson St
Carson City, NV 89701
Attorneys for Defendants, State of Nevada,
Dwight W. Neven, James Greg Cox
Ronald Oliver, Timothy Filson

ARMSTRONG TEASDALE
/s/ Jeffrey F. Barr, Esq.
____________________________
Jeffrey F. Barr, Esq.
Nevada Bar No. 007269
3770 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169
Attorneys for Defendant Isaiah Smith

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ORDER
IT IS SO ORDERED:
November 8, 2021
DATED:______________________

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UNITED STATES DISTRICT COURT JUDGE

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