Patel v. Dennett

Filing 23

ORDER Granting 21 Stipulation for Extension of Time to Extend Dispositive Motion Deadline (First Request). Motions due by 4/28/2017. Signed by Magistrate Judge Peggy A. Leen on 4/26/17. (Copies have been distributed pursuant to the NEF - MR)

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LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Officer Boe D. Dennett

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SAGAR NAVIN PATEL,

Case No. 2:16-cv-00730-JAD-PAL

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Plaintiff,
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vs.

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OFFICER BOE D. DENNETT, DOES I
through V, inclusive; and ROE
CORPORATIONS VI through X, inclusive,

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STIPULATION AND ORDER TO
EXTEND DISPOSITIVE MOTION
DEADLINE
(First Request)

Defendants.

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stipulate to extend the Dispositive Motion deadline currently set for April 14, 2017, for an

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additional fourteen (14) days, until April 28, 2017. This is the first requested extension between

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the parties. The extension is being requested as Counsel for Defendant has been in a Trial for the

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weeks of March 27, 2017 and April 3, 2017 in her capacity as General Counsel for the law firm

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KAEMPFER CROWELL

The above-referenced parties, by and through their counsel of record, hereby agree and

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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of Kaempfer Crowell in a State Court matter which the firm is a Defendant.

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Defendants’ Counsel requires a brief extension of the deadline to prepare the dispositive motion.

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1953159_1.docx 6943.108

As such,

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The parties recognize that this request is not being made within twenty-one (21) days of

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the current deadline to file dispositive motions, April 14, 2017 pursuant to LR 26-4; however the

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parties submit that the excusable neglect exists.

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LR 26-4 states in relevant part:

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A motion or stipulation to extend a deadline set forth in a discovery plan must be
received by the court no later than 21 days before the expiration of the subject
deadline. A request made within 21 days of the subject deadline must be
supported by a showing of good cause. A request made after the expiration of the
subject deadline will not be granted unless the movant also demonstrates that the
failure to act was the result of excusable neglect.

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In evaluating excusable neglect, the court considers the following factors: (1) the reason

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for the delay and whether it was in the reasonable control of the moving party, (2) whether the

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moving party acted in good faith, (3) the length of the delay and its potential impact on the

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proceedings, and (4) the danger of prejudice to the nonmoving party. See Pioneer Inv. Servs. Co.

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v. Brunswick Assocs., 507 U.S. 380, 395 S. Ct. 1489, 123 L.Ed.2d 74 (1993).

required to attend would be going forward. Indeed, she was not aware that the Trial was

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proceeding until the week prior March 27, 2017.

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KAEMPFER CROWELL

Defendants’ Counsel did not know twenty-one (21) days ago that the Trial she has been

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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1953159_1.docx 6943.108

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The extension will not prejudice any party and will allow the parties to properly brief

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their dispositive motions for this Court. The parties are not delaying the conclusion of this

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matter by way of trial or otherwise; no trial date has yet been ordered.

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IT IS SO STIPULATED this 3rd day of April, 2017.
KAEMPFER CROWELL

LUCHERINI
P.C.

BLAKELY

COURTNEY,

By: /s/ Lyssa S. Anderson
LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN DANIELS
Nevada Bar No. 13094
1980 Festival Plaza Drive, #650
Attorneys for Defendant

By: /s/ John C. Courtney
Christopher L. Blakesley, Esq.
Nevada Bar No. 11922
John C. Courtney, Esq.
Nevada Bar No. 11092
3175 S. Eastern Avenue
Las Vegas, NV 89169
Attorneys for Plaintiff

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IT IS SO ORDERED.
DATED this 26th day of April, 2017.

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UNITED STATES DISTRICT COURT JUDGE

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KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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1953159_1.docx 6943.108

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