Martinez v. Baker et al

Filing 76

ORDER granting 75 Stipulation to Extend Time to Respond re: 73 Motion for Summary Judgment. Responses due by 1/6/2018. The parties shall file a joint pretrial order within thirty (30) days after the Court issues a ruling on the motion for summary judgment. Signed by Judge Jennifer A. Dorsey on 12/14/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-01546-JAD-NJK Document 75 Filed 12/07/17 Page 1 of 3

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Travis N. Barrick, SBN 9257
GALLIAN WELKER
& BECKSTROM, LC
540 E. St. Louis Avenue
Las Vegas, Nevada 89104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff Robert C. Martinez

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ROBERT C. MARTINEZ, an individual;

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Plaintiff,

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v.

Case No.: 2:16-cv-01546-JAD-NJK
STIPULATION AND ORDER TO
EXTEND DISPOSITIVE MOTION
RESPONSE DEADLINE
(THIRD REQUEST)

RENEE BAKER, et al.,

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Defendants.
Plaintiff, Robert Martinez (“Mr. Martinez”), by and through his attorneys of the
law firm of GALLIAN WELKER & BECKSTROM, LC, and Defendants Adam Paul Laxalt,
Barbara Cegavske, Harold Byrne, James Cox, Jacob Parr, John Oxborrow, Renee Baker,

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Brian Sandoval, Joshua Miller, Michael Fletcher, Cameron Horsley, Pamela Del Porto,

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Walter Romero, State of Nevada ex rel. Board of Prison Commissioners, and State of

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Nevada ex rel. Nevada Department of Corrections, by and through counsel, Adam Paul

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Laxalt, Nevada Attorney General, Jared Frost, Senior Deputy Attorney General, and

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Tiffany Breinig, Deputy Attorney General, hereby submit their stipulation to a thirty

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(30) day extension of the 12/7/17 deadline to respond to dispositive motions.

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Case 2:16-cv-01546-JAD-NJK Document 75 Filed 12/07/17 Page 2 of 3

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A second stipulation to extend the dispositive motion deadline in this case was

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filed by the parties on 10/24/17 (ECF No. 71) and granted by this court on 10/25/17,

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making the dispositive motion deadline 11/16/17 in this case. (ECF No. 72). The basis for

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the request was that the parties were engaged in fruitful settlement discussions that

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might negate the need for further litigation in this case. The court established that the

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joint pretrial order is due 30 days after its decision on the dispositive motion. (Id. at 4).
On 11/16/17, Defendants filed their motion for summary judgment to meet the
new dispositive motion deadline. (ECF No. 73). The deadline for plaintiff to respond is
21 days, 12/7/17. However, settlement discussions are ongoing between the parties, and
it appears that settlement in this case is highly likely by the end of this month

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(December 2017).
To that end, the parties stipulate to a 30-day extension of the deadline to respond

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to Defendants’ motion for summary judgment to and until, January 6, 2018. Such an

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extension should not affect any other deadlines in this case since the joint pretrial order

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is not due until 30 days after this court’s decision on the dispositive motion.

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Based on the foregoing, the parties request that this Court grant the stipulation

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for an extension of the deadline to respond to Defendants’ dispositive motion as set

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forth above.

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DATED this 6th day of December 2017.

DATED this 7th day of December 2017.

By: /s/ Travis N. Barrick
Travis N. Barrick, Esq., 9257
Nevada Bar No. 9257
GALLIAN WELKER & BECKSTROM, LC
Las Vegas, NV 89140
Attorneys for Plaintiff Robert
Martinez

By: /s/ Jared M. Frost
Jared M. Frost, Esq. 11132
Office of the Attorney General
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101
Attorneys for Defendants

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Case 2:16-cv-01546-JAD-NJK Document 75 Filed 12/07/17 Page 3 of 3

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Case No.: 2:16-cv-01546-JAD-NJK

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SO ORDERED. In the event this case does not settle, the plaintiff shall have

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until January 6, 2018, to file a response to Defendants’ motion for summary

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judgment. The parties shall file a joint pretrial order within thirty (30) days after the

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Court issues a ruling on the motion for summary judgment.

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Dated: December ______,
Dated December 14, 2017. 2017.

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________________________________
UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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