Dryden v. State of Nevada et al

Filing 197

ORDER Granting 196 Sixth Stipulation to extend discovery deadlines set in Order (ECF No. 190 ) for 90 days. Discovery due by 11/8/2022. Motions due by 12/8/2022. Proposed Joint Pretrial Order due by 1/9/2023. Signed by Magistrate Judge Elayna J. Youchah on 7/13/2022. (Copies have been distributed pursuant to the NEF - AF)

Case 2:16-cv-01227-JAD-EJY Document 197 Filed 07/13/22 Page 1 of 4

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Justin V. Alper, Esq.
Nevada Bar No. 12923C
3535 Executive Terminal Dr # 300
Henderson, NV 89052
Phone: [phone]
Email: [e-mail]
Pro Bono Attorney for Plaintiff
Bryan Dryden

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRYAN DRYDEN,
Plaintiff,

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

STIPULATION TO EXTEND
DISCOVERY
[SIXTH REQUEST]

v.
STATE OF NEVADA ET AL.,

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Defendant
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Plaintiff Bryan Dryden by and through his pro bono counsel, Justin V. Alper, and
Defendant Ted Nielson by and through his counsel, Aaron D. Ford, Nevada Attorney General of

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the State of Nevada, and Austin T. Barnum, Senior Deputy Attorney General, agree and have
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stipulated to extend discovery and other deadlines in this case for general purposes. The previous

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deadlines were set in ECF No. 190. The parties agree that more time is needed to review

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documents, conduct depositions, written questions and that there may be records and perhaps

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additional evidence that still need to be obtained through discovery.

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Case 2:16-cv-01227-JAD-EJY Document 197 Filed 07/13/22 Page 2 of 4

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The attorneys met and conferred on July 8, 2022 whereby they agreed to a general

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extension of discovery by 90 days. The issue of reactivating the deadline for experts was

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proposed by Plaintiff’s counsel, Justin V. Alper. However, the defense does not agree to
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reactivate the deadline for expert witnesses at this time because the defense is already conducting

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an investigation into the suspicious/tampered document in this case (the nurse’s Unusual

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Occurrence Report), and because the defense feels that a forgery expert is unnecessary, and

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finally the defense expressed concerns that reactivating the deadline for experts could confuse

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the jury and cause the trier of fact to believe that the case is about a document instead of an
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assault. However, Plaintiff does not agree with such arguments.

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Nonetheless, the parties have stipulated to extend all deadlines (except the issue of
experts) by approximately 90 days as outlined with the dates indicated directly below:

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In particular, the proposed new deadlines would be as follows:

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1. Discovery to remain open until November 8, 2022.

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3. Dispositive Motions due December 8, 2022.

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4. Pretrial Order due January 9, 2023.*
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5. FRCP 26(a)(3) Disclosures and any objections thereto to be included in the
final pre-trial order.

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Case 2:16-cv-01227-JAD-EJY Document 197 Filed 07/13/22 Page 3 of 4

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6. The depositions of Glenn Fowler and James Murdock shall be completed,
provided that their deposition dates have been adjusted by mutual agreement of the parties for

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convenience purposes.
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*Unless a dispositive motion is pending on that date, then this deadline shall

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automatically extend 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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Therefore, the parties stipulate and request that this Court grant an extension of
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approximately 90 days for general discovery matters with the proposed dates as indicated above.

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Certificate of Meet and Confer Completed

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The attorneys in this case, Justin V. Alper and Austin T. Barnum conducted a meet-and-

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confer on July 8, 2022 and agreed to extend the discovery deadline for general discovery, but

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could not agree on the issue of reactivating the deadline for use of experts. Various points were
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discussed for about 40 minutes as indicate above. The parties came to an agreement on the

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stipulation to extend general discovery deadlines.

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Case 2:16-cv-01227-JAD-EJY Document 197 Filed 07/13/22 Page 4 of 4

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Respectfully submitted,

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Dated this 12th day of July, 2022

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By: /s/ Justin V. Alper_____________

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Justin V. Alper (Bar No. 12923C)

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Attorney for Plaintiff Bryan Dryden

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By: /s/ Austin T. Barnum_____________
Austin T. Barnum (Bar No. 15174)
Senior Deputy Attorney General
Attorney for Defendant Ted Nielson

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IT IS SO ORDERED.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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Dated: July 13, 2022

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