Dryden v. State of Nevada et al

Filing 186

ORDER. IT IS HEREBY ORDERED that the Stipulation and Order to Extend the Close of Discovery and the Deadline to File a Proposed Joint Pretrial Order (ECF No. 185 ) is DENIED because the parties misstate the deadline they seek to extend. The Court refers the parties to ECF No. 175 for the correct deadlines. Signed by Magistrate Judge Elayna J. Youchah on 1/7/2022. (Copies have been distributed pursuant to the NEF - YAW)

Case 2:16-cv-01227-JAD-EJY Document 186 Filed 01/07/22 Page 1 of 2
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AARON D. FORD
Attorney General
DAVID A. BAILEY, Bar No. 13661
Deputy Attorney General
State of Nevada
Office of the Attorney General
100 N. Carson Street
Carson City, NV 89701
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Ted Nielson

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRYAN DRYDEN,

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Case No. 2:16-cv-01227-JAD-EJY
Plaintiff,

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v.

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STATE OF NEVADA, et al.,

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Defendants.

STIPULATION AND ORDER TO
EXTEND THE CLOSE OF DISCOVERY
AND THE DEADLINE TO FILE A
PROPOSED JOINT PRETRIAL ORDER
[Second Request]

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Plaintiff, Bryan Dryden, by and through counsel, Justin V. Alper, and Defendant,

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Ted Nielson, by and through counsel, Aaron D. Ford, Nevada Attorney General, and David

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A. Bailey, Deputy Attorney General, hereby stipulate and agree to extend the close of

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discovery 90 days to permit Plaintiff’s newly appointed pro bono counsel to complete his

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investigation, take depositions, and propound additional discovery (if necessary).

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The current deadline for discovery to close and for the parties to submit their

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Proposed Joint Pretrial Order is January 7, 2022. The parties stipulate to extend these

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deadlines 90 days until April 7, 2022, with all other discovery related deadlines likewise

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extended 90 days.

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Good Cause for Extension of Deadline:

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Plaintiff’s counsel was appointed only on August 9, 2021, and this case has been in

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protracted litigation for years. The Court granted Plaintiff’s request to reopen discovery

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and the parties stipulation to extend the deadline to file the Proposed Joint Pretrial

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Order. Plaintiff’s counsel still needs additional time to investigate and conduct additional
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Case 2:16-cv-01227-JAD-EJY Document 186 Filed 01/07/22 Page 2 of 2
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discovery.

Also, Counsel for Plaintiff and Counsel for Defendant are working on

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scheduling depositions as well as working through discovery issues regarding documents

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produced by Defendant.

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additional time to negotiate Plaintiff’s request for documents, and will endeavor to avoid

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seeking the Court’s involvement. Counsel for Plaintiff has subpoenaed multiple third

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parties, but is still trying to locate witnesses.

Counsel for Plaintiff and Counsel for Defendant require

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The parties stipulate that this constitutes a good cause for the requested extension

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under LR IA 6-1, and, therefore, request the Court extend the following deadlines so that

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justice may be done:

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Item

Current Deadline

New Deadline

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Close of discovery

January 7, 2022

April 7, 2022

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Submission of Proposed Joint Pretrial Order

January 7, 2022

April 7, 2022

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Dispositive Motions due

February 7, 2022

May 8, 2022

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Pretrial Order

March 9, 2022

June 7, 2022*

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* Unless a dispositive motion is pending on that date thereby automatically

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extending the due date for the pre-trial order to 30 days after the pending dispositive

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motion is resolved.

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DATED this 7th day of January 2022.

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AARON D. FORD
Attorney General
By: /s/ David A. Bailey
David A. Bailey (No. 13661)
Deputy Attorney General
Attorneys for Defendant Ted Nielson

By: /s/ Justin V. Alper
Justin V. Alper (No. 12923C)
Attorney for Plaintiff Bryan Dryden

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IT IS HEREBY ORDERED that the Stipulation and Order to Extend the

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Close of Discovery and the Deadline to File a Proposed Joint Pretrial Order

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(ECF No. 185) is DENIED because the parties misstate the deadline they seek

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to extend. The Court refers the parties to ECF No. 175 for the correct
deadlines.
_________________________________
U.S. Magistrate Judge
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Dated: January 7, 2022