Perez et al v. Cox et al

Filing 92

ORDER Granting 91 Stipulation to Extend Time re 90 MOTION to Dismiss Defendants Cox, Neven, Filson, and Oliver's Motion to Dismiss Plaintiffs' Amended Complaint re 75 Amended Complaint.( Responses due by 2/1/2017., Replies due by 2/22/2017.) Signed by Judge Andrew P. Gordon on 1/10/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:15-cv-01572-APG-CWH Document 91 Filed 01/10/17 Page 1 of 3

1 CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
2 C. J. POTTER, IV, ESQ.
Nevada Bar No. 13225
3 POTTER LAW OFFICES
1125 Shadow Lane
4 Las Vegas, NV 89102
Ph: [phone]
5 Fax: [phone]
[e-mail]
6 [e-mail]
Attorneys for Plaintiffs
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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 the Estate of CARLOS PEREZ,
deceased; VICTOR PEREZ, as the Guardian
Ad Litem for S.E.P., a minor; VICTOR
PEREZ, as the Guardian Ad Litem for A.I.P, a
minor; and MYRA PEREZ, individually.

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Plaintiff,
-vsSTATE OF NEVADA; 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,

Case No.: 2:15-cv-1572-ADG-CWH

STIPULATION AND ORDER
TO EXTEND PLAINTIFFS’
REPLY TO NDOC DEFENDANTS’
MOTION TO DISMISS
AMENDED COMPLAINT [ECF 90] AND
EXTEND DEFENDANTS’ REPLY TO
PLAINTIFFS’ OPPOSITION TO NDOC
DEFENDANTS’ MOTION TO DISMISS
AMENDED COMPLAINT
[First Request]

Defendants.
Plaintiffs, named above, by and through their counsel of record Cal J. Potter, III, Esq. and

24 C. J. Potter, IV, Esq. of Potter Law Offices; Defendants, NDOC, James “Greg” Cox, Timothy
25 Filson, Dwight Neven, and Ronald Oliver (hereinafter “NDOC Defendants”) by and through their
26 counsel of record Steve Shevorski and Theresa M. Haar, Deputy Attorney Generals, COT. Ramos,
27 by and through his counsel of record, Robert W. Freeman, Jr. Esq. of Lewis Brisbois Bisgaard &
28 Smith, LLP; Defendant, CO Castro, by and through his counsel of record,

Case 2:15-cv-01572-APG-CWH Document 91 Filed 01/10/17 Page 2 of 3

1 Craig R. Anderson, Esq. of Marquis Aurbach Coffing; and Defendant CO Smith, by and through
2 his counsel of record, Jeffrey R. Barr, Esq. of Ashcroft & Barr, LLP, and hereby submit this
3 Stipulation to Extend Plaintiffs’ Reply to NDOC Defendants’ Motion to Dismiss Amended
4 Complaint [ECF 90], filed December 28, 2016, currently due January 11, 2017, be extended an
5 additional twenty-one (21) days up to and including Wednesday, February 1, 2017, and NDOC
6 Defendants’ Reply to Plaintiffs’ Opposition to NDOC Defendants’ Motion to Dismiss Amended
7 Complaint be due on Wednesday, February 22, 2017.
8

Although Plaintiffs’ counsel has been actively working on responding to Defendants’

9 Motion, Plaintiffs’ counsel has been unable to complete the Response. Since the filing of
10 Defendants’ Motion to Dismiss Plaintiffs’ Amended Complaint, Plaintiffs’ counsel has had a
11 Supreme Court Brief and a Ninth Circuit Brief due, three (3) depositions, numerous substantive
12 motions and responses; as well as other general appearances and deadlines. This request for
13 extension is made in good faith and not for the purposes of delay.
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WHEREFORE, the parties respectfully request that Plaintiffs’ Response to Defendants’

15 Motion to Dismiss Plaintiffs’ Amended Complaint, be extended an additional twenty-one (21)
16 days up to and including Wednesday, February 1, 2017, and NDOC Defendants’ Reply to
17 Plaintiffs’ Opposition to NDOC Defendants’ Motion to Dismiss Amended Complaint be due on
18 Wednesday, February 22, 2017.
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APPROVED AS TO FORM AND CONTENT.

20 DATED this 10th day of January, 2017.

DATED this 10th day of January, 2017.

21 POTTER LAW OFFICES

OFFICE OF THE NEVADA ATTORNEY
GENERAL

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By /s/ C. J. Potter, IV, Esq.
23 CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
24 C. J. POTTER, IV, ESQ.
Nevada Bar No. 13225
25 1125 Shadow Lane
Las Vegas, Nevada 89102
26 Attorneys for Plaintiffs
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By /s/ Theresa M. Haar, Esq.
ADAM P. LAXALT, ATTORNEY GENERAL
STEVE SHEVORISKI
HEAD OF COMPLEX LITIGATION
Nevada Bar No. 8256
THERESA M. HAAR
DEPUTY ATTORNEY GENERAL
Nevada Bar No. 12158
555 E. Washington Ave. Ste. 3900
Las Vegas, Nevada 89101
Attorneys for NDOC Defendants

SO ORDERED.

28 . __________________________________
..
UNITED STATES DISTRICT JUDGE
Dated: January 10, 2017.

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Case 2:15-cv-01572-APG-CWH Document 91 Filed 01/10/17 Page 3 of 3

1 DATED this 10th day of January, 2017.

DATED this 10th day of January, 2017.

2 LEWIS BRISBOIS BISGAARD & SMITH

MARQUIS AURBACH COFFING

3 By /s/ Robert W. Freeman, Jr., Esq.
ROBERT W. FREEMAN, JR., ESQ.
4 Nevada Bar No. 3062
6385 S. Rainbow Blvd., Suite 600
5 Las Vegas, Nevada 89118
Attorney for Defendant
6 Correction Officer Trainee
Raynaldo-John Ramos
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DATED this 10th day of January, 2017.
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ASHCRAFT & BARR, LLP
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By /s/ Jeffrey F.Barr, Esq.
10 JEFFREY F. BARR, ESQ.
Nevada Bar No. 7269
11 LEE I. IGOLDY, ESQ.
Nevada Bar No. 7757
12 2300 West Sahara Avenue, Suite 1130
Las Vegas, Nevada 89102
13 Attorneys for Defendant Isaiah Smith

By /s/ Craig R. Anderson, Esq.
CRAIG R. ANDERSON, ESQ.
Nevada Bar No. 6882
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorney for Defendant Castro

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ORDER

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IT IS SO ORDERED.
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________________
DATED

________________________________________
UNITED STATES DISTRICT COURT JUDGE

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