Jackson v. State of Nevada et al

Filing 149

ORDER Granting 146 Stipulation for Extension of Time. Status Report due by 3/11/2024. Signed by Judge Andrew P. Gordon on 9/19/2023. (Copies have been distributed pursuant to the NEF - JQC)

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Case 2:16-cv-00995-APG-NJK Document 149 Filed 09/19/23 Page 1 of 2 1 2 3 4 Emily A. Buchwald, Esq., Bar No. 13442 EAB@pisanellibice.com PISANELLI BICE PLLC 400 South 7th Street, Suite 300 Las Vegas, Nevada 89101 Telephone: 702.214.2100 Attorney for Plaintiff Robert Jackson 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 PISANELLI BICE 400 SOUTH 7TH STREET, SUITE 300 LAS VEGAS, NEVADA 89101 11 12 Case No.: ROBERT JACKSON v. Plaintiff, 2:16-CV-00995-APG-NJK STATUS REPORT AND FOURTH STIPULATION TO EXTEND DEADLINES IN STATUS REPORT (ECF NO. 135) STATE OF NEVADA, et al., Defendant(s). 13 14 15 Plaintiff Robert Jackson ("Mr. Jackson"), by and through his undersigned counsel, and 16 Defendants State of Nevada, et al., ("Defendants"), by and through their undersigned counsel, 17 hereby stipulate and agree to extend the time to confer in an attempt to resolve the outstanding 18 issues of fees and costs, as set forth in the Status Report filed February 27, 2023 (ECF No. 135), 19 the Stipulation to Extend Deadlines in Status Report (ECF No. 138), the Second Stipulation to 20 Extend Deadlines in Status Report (ECF No. 141), and the Third Stipulation to Extend Deadlines 21 in Status Report (ECF No. 143). 22 The parties have been in communication related to the ongoing issue regarding the 23 attorneys' fee and cost award. The parties have also been discussing issues related to the 24 Stipulation and Order Regarding Injunction, entered July 28, 2020 (ECF No. 122), in particular 25 Southern Desert Correctional Center's implementation of a diet for Plaintiff that was in 26 compliance with the injunction. Additionally, the Nevada Department of Corrections recently 27 announced that it would be making changes to its menus, including the menu for Plaintiff. 28 Accordingly, the parties ask that the Court set an in-person status check for 6 months from the 1 Case 2:16-cv-00995-APG-NJK Document 149 Filed 09/19/23 Page 2 of 2 1 date of this Status Report, for the parties to provide the Court with an update regarding 1) the 2 attorneys' fee and cost award and 2) NDOC's updated menu and the implementation of the 3 injunction. Alternatively, on or before March 11, 2024, the parties shall file a proposed form of 4 judgment, a status report regarding the status of the settlement and injunction, or for a Plaintiff to 5 file a motion for attorneys' fees or costs. 6 This is the fourth stipulation for an extension of time to confer regarding the outstanding 7 issues of fees and costs. The Parties represent that this stipulation is sought in good faith, is not 8 interposed for delay, and is not filed for an improper purpose. Accordingly, the deadline set forth 9 in the Status Report shall be extended as follows: Deadline for the parties to file a proposed form of final judgment, status report, or for PISANELLI BICE 400 SOUTH 7TH STREET, SUITE 300 LAS VEGAS, NEVADA 89101 10 11 Plaintiff to file a motion for attorneys' fees and costs: March 11, 2024. 12 DATED this 8th day of September 2023. DATED this 8th day of September 2023. 13 By: By: 14 15 16 /s/ Emily A. Buchwald Emily A. Buchwald, Esq., Bar No. 13442 PISANELLI BICE PLLC 400 South 7th Street, Suite 300 Las Vegas, Nevada 89101 Attorneys for Plaintiff Robert Jackson 17 /s/ D. Randall Gilmer D. Randall Gilmer, Esq., Bar No. 14001 Leo T. Hendges, Esq., Bar No. 16034 Office of the Attorney General Grant Sawyer Bldg. 555 E. Washington Ave. Suite 3900 Las Vegas, Nevada 89101 Attorney for Defendants Jennifer Nash and Brian Williams 18 19 20 IT IS SO ORDERED. 21 22 23 24 25 UNITED STATES DISTRICT JUDGE DATED September 19, 2023 CASE NO. 2:16-CV-00995-APG-NJK 26 27 28 2

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