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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1 2 3 4 5 6 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: (702) 792-7000 Fax: (702) 796-7181 Attorneys for Defendant Officer Boe D. Dennett 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 SAGAR NAVIN PATEL, Case No. 2:16-cv-00730-JAD-PAL 10 Plaintiff, 11 vs. 12 OFFICER BOE D. DENNETT, DOES I through V, inclusive; and ROE CORPORATIONS VI through X, inclusive, 13 STIPULATION AND ORDER TO EXTEND DISPOSITIVE MOTION DEADLINE (First Request) Defendants. 14 15 stipulate to extend the Dispositive Motion deadline currently set for April 14, 2017, for an 18 additional fourteen (14) days, until April 28, 2017. This is the first requested extension between 19 the parties. The extension is being requested as Counsel for Defendant has been in a Trial for the 20 weeks of March 27, 2017 and April 3, 2017 in her capacity as General Counsel for the law firm 21 KAEMPFER CROWELL The above-referenced parties, by and through their counsel of record, hereby agree and 17 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 16 of Kaempfer Crowell in a State Court matter which the firm is a Defendant. 22 Defendants’ Counsel requires a brief extension of the deadline to prepare the dispositive motion. 23 /// 24 /// 1953159_1.docx 6943.108 As such, Page 1 of 3 1 The parties recognize that this request is not being made within twenty-one (21) days of 2 the current deadline to file dispositive motions, April 14, 2017 pursuant to LR 26-4; however the 3 parties submit that the excusable neglect exists. 4 LR 26-4 states in relevant part: 5 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. 6 7 8 9 In evaluating excusable neglect, the court considers the following factors: (1) the reason 10 for the delay and whether it was in the reasonable control of the moving party, (2) whether the 11 moving party acted in good faith, (3) the length of the delay and its potential impact on the 12 proceedings, and (4) the danger of prejudice to the nonmoving party. See Pioneer Inv. Servs. Co. 13 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 16 proceeding until the week prior March 27, 2017. 17 /// 18 /// 19 /// 20 /// 21 KAEMPFER CROWELL Defendants’ Counsel did not know twenty-one (21) days ago that the Trial she has been 15 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 14 /// 22 /// 23 /// 24 /// 1953159_1.docx 6943.108 Page 2 of 3 1 The extension will not prejudice any party and will allow the parties to properly brief 2 their dispositive motions for this Court. The parties are not delaying the conclusion of this 3 matter by way of trial or otherwise; no trial date has yet been ordered. 4 5 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 6 7 8 9 10 11 12 13 14 IT IS SO ORDERED. DATED this 26th day of April, 2017. 15 16 17 UNITED STATES DISTRICT COURT JUDGE 18 19 20 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 21 22 23 24 1953159_1.docx 6943.108 Page 3 of 3

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