Bryant v. Donohue et al

Filing 30

ORDER granting 29 Motion to Extend Time; Motions due by 2/22/2018. Signed by Magistrate Judge Peggy A. Leen on 12/15/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01172-GMN-PAL Document 29 Filed 12/07/17 Page 1 of 4

1 ROBERT W. FREEMAN
Nevada Bar No. 3062
2 [e-mail]
NOEL E. EIDSMORE
3 Nevada Bar No. 7688
[e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
702.893.3383
6 FAX: [phone]
Attorneys for Defendants
7 Sgt. Christopher Donohue, Officer Duane Jensen,
and Officer John Newbold
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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12 DONELL GEROD BRYANT,
Plaintiff,

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CASE NO. 2:16-cv-1172-GMN-PAL
MOTION TO EXTEND DISPOSITIVE
MOTIONS DEADLINE

vs.
(SECOND REQUEST)

15 OFFICER DONOHUE; OFFICER JENSEN;
OFFICER JOHN DOE; OFFICER
16 NEWBOLD; OFFICER JOHN DOE;
SHERIFF LOMBARDO; LAS VEGAS
17 METROPOLITIAN POLICE
DEPARTMENT, DSD; THE STATE OF
18 NEVADA, EX REL,
Defendants.

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Defendants Sgt. Christopher Donohue, Officer Duane Jensen, and Officer John Newbold

22 by and through their attorneys, Robert W. Freeman, Esq., and Noel E. Eidsmore, Esq. of LEWIS
23 BRISBOIS BISGAARD & SMITH, respectfully request this Court to issue an Order extending the
24 deadlines to file dispositive motions in this case.
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MEMORANDUM IN SUPPORT
Pursuant to Local Rules (LR) 2604, LR6-1 and LR 26-1, CCDC Defendants, by and

27 through their attorneys, Lewis Brisbois Bisgaard & Smith LLP, hereby moves that this Court to

LEWIS

28 extend the deadline to file dispositive motions in the above-captioned case 45 days up to and

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4840-1654-0760.1

Case 2:16-cv-01172-GMN-PAL Document 29 Filed 12/07/17 Page 2 of 4

1 including Monday, February 22, 2018.
Local Rule (LR) 2604 provides that applications to extend any date set by the discovery

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3 plan, scheduling order or other order must, in addition to satisfying the requirements of LR6-1, be
4 supported by showing of good cause for the extension.
LR26-1 also requires that an application for the extension of a deadline must be received

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6 by the court no later than 21 days before extension of the subject deadline.
LR6-1 provides the “(a) request made after the expiration of the specified period shall not

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8 be granted unless the moving party, attorney or other person demonstrates the failure to act as a
9 result of excusable neglect.”
In addition Defendants request that the pretrial motion deadline be extended for an

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11 additional 45 days as outlined herein. In support of this Motion Defendants state as follows:
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All discovery in this matter has been completed and discovery is closed.

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This Request for an extension of time is not sought for any improper purpose or other

14 purpose of delay. This request for extension is based upon the following:
Counsel for Defendants has been occupied in preparing Motion for Summary Judgment in

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16 Terry Hollis v. NLVPD, 2:16-cv-2663-JAD-GWF. Counsel for Defendants has also been occupied
17 preparing briefs after three labor arbitration hearings involving numerous law enforcement
18 witnesses.
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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4840-1654-0760.1

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Case 2:16-cv-01172-GMN-PAL Document 29 Filed 12/07/17 Page 3 of 4

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WHEREFORE, Defendants respectfully request that this Court extend the time for the

2 parties to file their dispositive motions by forty-five (45) days from the current deadline of January
3 8, 2018 up to and including February 22, 2018.
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DATED this 7th day of December, 2017.

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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/s/ Noel E. Eidsmore
Robert W. Freeman, Esq.
Nevada Bar No. 3062
Noel E. Eidsmore, Esq.
Nevada Bar No. 7688
6385 S. Rainbow Blvd, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendants

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IT IS SO ORDERED this 15th day
of December, 2017.

____________________________
Peggy A. Leen
United States Magistrate Judge

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4840-1654-0760.1

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Case 2:16-cv-01172-GMN-PAL Document 29 Filed 12/07/17 Page 4 of 4

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on the 7th day of December, 2017, I electronically filed the
MOTION TO EXTEND DISPOSITIVE MOTION DEADLINES (SECOND REQUEST)
with the Clerk of the Court through the Case Management/Electronic Filing System.

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CERTIFICATE OF MAILING

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I HEREBY CERTIFY that on the 7th day of December, 2017, I served a true and correct

8 copy of the foregoing MOTION TO EXTEND DISPOSITIVE MOTION DEADLINES
9 (SECOND REQUEST) by depositing a copy of same in the United States Mail at Las Vegas,
10 Nevada postage fully prepaid, addressed to:
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Donell Gerod Bryant
12 # 67983
Southern Desert Correctional Center
13 P.O. Box 208
Indian Springs, Nevada 89070
14 Plaintiff in Proper Person
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/s/ Kristen Freeman
Employee of LEWIS BRISBOIS
BISGAARD & SMITH LLP

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4840-1654-0760.1

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