Kelley v. City of Henderson, et al

Filing 40

ORDER Granting 39 Stipulation to Extend Time (Second Request) re 17 MOTION to Dismiss. Defendants' Replies due by 2/18/2016. Signed by Judge Andrew P. Gordon on 2/9/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-02204-APG-VCF Document 39 Filed 02/09/16 Page 1 of 3
JOSH M. REID
City Attorney
Nevada Bar No. 7497
NANCY D. SAVAGE
Assistant City Attorney
Nevada Bar No. 392
BRIAN R. REEVE
Assistant City Attorney
Nevada Bar No. 10197
240 Water Street, MSC 144
Henderson, NV 89015
[phone]
[phone] Facsimile
[e-mail]
[e-mail]
Attorneys for Defendants
City of Henderson, Henderson Police Chief Patrick Moers,
Detective Mark Hosaka and Detective Chad Mitchell
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
VANESSA KELLEY,

CASE NO.:

2:15-CV-02204-APG-VCF

Plaintiff,
STIPULATION AND ORDER TO
EXTEND TIME FOR DEFENDANTS TO
REPLY TO PLAINTIFF’S OPPOSITION
TO THE HENDERSON DEFENDANTS’
MOTION TO DISMISS (Second Request)

v.
CITY OF HENDERSON, a political
subdivision of the State of Nevada and the
County
of
Clark;
LAS
VEGAS
METROPOLITAN POLICE DEPARTMENT,
a political subdivision of the State of Nevada
and the County of Clark d/b/a/ CLARK
COUNTY
DETENTION
CENTER;
HENDERSON POLICE CHIEF PATRICK
MOERS, in his individual capacity; LVMPD
SHERIFF DOUGLAS GILLESPIE, in his
individual capacity; DETECTIVE MARK
HOSAKA, in his individual capacity as an
officer employed by the City of Henderson;
DETECTIVE CHAD MITCHELL, in his
individual capacity as an officer employed by
the City of Henderson; NAPHCARE, medical
care provider for the Clark County Detention
Center;
CORIZON
CORRECTIONAL
HEALTHCARE, a medical care provider for
the Henderson Jail; DOE DEFENDANTS I1

Case 2:15-cv-02204-APG-VCF Document 39 Filed 02/09/16 Page 2 of 3
X, individually; DOES HENDERSON
POLICE OFFICERS I-X, individually as
officers employed by the City of Henderson;
DOE LVMPD POLICE OFFICERS I-X,
individually as officers employed by LVMPD;
and ROE ENTITIES I-X, inclusive,
Defendants.

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO REPLY TO
PLAINTIFF’S OPPOSITION TO THE HENDERSON DEFENDANTS’
MOTION TO DISMISS (Second Request)
COME NOW Plaintiff Vanessa Kelley and Defendants City of Henderson,
Henderson Police Chief Patrick Moers, Detective Mark Hosaka and Detective Chad
Mitchell (collectively referred to as “Henderson Defendants”), by and through their
respective counsel of record, pursuant to LR 6-1, and hereby stipulate, agree and make
joint application to extend the time for the Henderson Defendants to file their Reply(ies) to
Plaintiff’s Opposition (Doc. 31) to the Henderson Defendants’ Motion to Dismiss (Doc. 17).
The time to file such Reply(ies) to the Plaintiff’s Opposition to the Motion to Dismiss (Doc.
17) are currently due on Thursday, February 11, 2016 pursuant to the Stipulation and
Order entered on the First Request for Extension. (Doc. 36)
The stipulating parties respectfully request a seven (7) day extension up to and
including Thursday, February 18, 2016, for the Henderson Defendants’ above-referenced
to file their Reply(ies).
The stipulating parties submit that good cause exists for this extension. Counsel
inadvertently included Thursday February 11, as the due date in the First Request, instead
of Thursday, February 18, 2016 based upon the Henderson Defendants’ counsel’s
schedule between the date of filing of the Plaintiff’s Opposition to the Motion to Dismiss
(Doc. 31) and the requested date. As a result an extension up to and including February
18, 2016 is sought in this request in order to provide for adequate time for counsel to be
able to reasonably prepare a complete an appropriately supported Reply(ies) on behalf of
the Henderson Defendants and each of them.
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Case 2:15-cv-02204-APG-VCF Document 39 Filed 02/09/16 Page 3 of 3

Based upon the foregoing, the parties respectfully request that this Court enter its
order extending the time for the Henderson Defendants to file their Reply(ies) to Plaintiff’s
Opposition to the Henderson Defendants’ Motion to Dismiss (Doc. 31), up to and including
Thursday, February 18, 2016.
This is the second request for enlargement of time for the Henderson Defendants to
file their Reply(ies) to Plaintiff’s Opposition to the Motion to Dismiss and it is made in good
faith and not for the purposes of delay.
POTTER LAW OFFICES

CITY OF HENDERSON
JOSH M. REID, City Attorney

/s/ Cal J. Potter
CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
CAL J. POTTER, IV, ESQ.
Nevada Bar No. 13225
1125 Shadow Lane
Las Vegas, Nevada 89102
Attorneys for Plaintiff

/s/ Nancy D. Savage
JOSH M. REID, ESQ.
City Attorney
Nevada Bar No. 7497
NANCY D. SAVAGE, ESQ.
Assistant City Attorney
Nevada Bar No. 392
240 Water Street, MSC 144
Henderson, Nevada 89009
Attorney for Henderson Defendants

DATED: February 8, 2016

DATED: February 8, 2016

ORDER
9th day of February, 2016.
IT IS SO ORDERED this _______ day of _________________, 2016.

____________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE

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