Odell, Jr. et al v. Burwell et al

Filing 84

ORDER Granting 82 Motion to Extend Time re 79 Motion to Dismiss. ( Responses due by 11/30/2016., Replies due by 12/22/2016.) Signed by Judge Richard F. Boulware, II on 11/7/16. (Copies have been distributed pursuant to the NEF - ADR)

1 DANIEL G. BOGDEN
United States Attorney
2 District of Nevada
ROGER W. WENTHE
3 Assistant United States Attorney
Nevada Bar No. 8920
4 United States Attorney’s Office
333 Las Vegas Boulevard South, Suite 5000
5 Las Vegas, Nevada 89101
Telephone: [phone]
6 Facsimile: 702-388-6787
Email: [e-mail]
7 Attorneys for the United States.
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT H. ODELL, JR., et al.,

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Plaintiffs,
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v.
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SYLVIA M. BURWELL, SECRETARY OF
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HEALTH AND HUMAN SERVICES, et al.,
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Defendants.
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__________________________________________)

Case No. 2:15-cv-1793-RFB-GWF

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JOINT MOTION FOR EXTENSION OF TIME TO FILE MOTION
AND PROPOSED BRIEFING SCHEDULE
(First Request)
Defendants Sylvia M. Burwell, Secretary of Health and Human Services, and U.S. Department of

22 Health and Human Services, and plaintiffs, by and through undersigned counsel, respectfully move
23 pursuant to Fed. R. Civ. P. 6(b)(1), for enlargement of time to file opposition and reply motions and to set
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a proposed briefing schedule. The Parties stipulate and propose the following schedule:
Plaintiffs’ Opposition to Defendant’s Motion to Dismiss due November 30, 2016.

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Defendants’ Reply to Plaintiffs’ Opposition due December 22, 2016.
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This request is made in good faith and not for purposes of delay.

2.

On October 21, 2016, Defendants filed a motion to dismiss plaintiffs’ Amended Verified

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3.

Plaintiffs have requested an extension of their current deadline to respond to Defendants’

motion to dismiss, which has not been ruled upon. This motion incorporates plaintiffs’ extension request
and the requested deadline.
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The Secretary has not previously requested or been given an extension of time to reply to

10 Plaintiffs’ anticipated opposition.
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5.

There are no other previously scheduled deadlines in this case.

Dated: November 4, 2016

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DANIEL G. BOGDEN
United States Attorney

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/s/ Roger W. Wenthe
ROGER W. WENTHE
Assistant United States Attorney

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/s/ George K. Brew___________
GEORGE K BREW
Florida Bar No. 854379
6817 Southpoint Parkway, Suite 1804
Jacksonville, FL 32216
[phone]

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IT IS SO ORDERED:

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________________________________
7th day of November, 2016.
UNITED STATES DISTRICT JUDGE
DATED:__________________________

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CERTIFICATE OF SERVICE

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The undersigned certifies that the following were served with a copy of the foregoing

3 document on the date and by the method of service identified below:
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CM/ECF

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All counsel of record

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Dated: November 4, 2016

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/s/ Roger W. Wenthe
ROGER W. WENTHE
Assistant United States Attorney

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