Gray v. Cox et al

Filing 9

ORDER that this action shall proceed against Defendants Neven, Stroud, Filson, Nash, and Owens (Count I-mail violations); Childers (Count I-retaliation); Foster, Neven, and Nash (Count II-retaliation); and Neven, Filson, and Nash (Count II-conditio ns of confinement) only.IT IS FURTHER ORDERED that given the nature of the claim(s) that the Court has permitted to proceed, this action is STAYED for ninety (90) days. FURTHER ORDERED that the Attorney General's Office shall advise the C ourt within twenty-one (21) days of the date of the entry of this order whether it will enter a limited notice of appearance. Signed by Magistrate Judge George Foley, Jr on 6/6/2017. (Copies have been distributed pursuant to the NEF, cc: NV Atty General - JM)

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CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
C. J. POTTER, IV, ESQ.
Nevada Bar No. 13225
POTTER LAW OFFICES
1125 Shadow Lane
Las Vegas, NV 89102
Ph: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Moshe Banner

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MOSHE BANNER,

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Case No. 2:16-cv-1717-RFB-CWH

Plaintiff,

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vs.

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, a political subdivision of
the State of Nevada and the County of Clark;
NAPHCARE, medical care provider for the
Clark County Detention Center; LT.
GRAHAM, in his individual capacity;
DEFENDANT C.DUNN P# 8253 in his
individual capacity; DOE LICENSED
PRACTICAL NURSE; RAY
MONTENGRO, NP, individually; KATRINA
SIMEON, RN, individually; DOE
DEFENDANTS I-X, individuals or officers
employed at CCDC; and ROE ENTITIES IX, inclusive;

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STIPULATION AND ORDER TO
EXTEND PLAINTIFF’S AMENDED
COMPLAINT DEADLINE
(Second Request)

Defendants.

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COMES NOW, the above-referenced parties, by and through their undersigned counsel

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of record, and hereby agree, jointly stipulate that the Plaintiff’s Amended Complaint, currently

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due June 5, 2017, be extended an additional seven (7) days up to and including Monday, June 12,

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2017.

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The reason for this request is that Plaintiff’s counsel has numerous conflicting deadlines,

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specifically preparation for a Settlement Hearing in Romero, et al. V. Nevada Department of

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Corrections, et al. Case Number A-07-546038-C set for Monday, June 5, 2017 as well as

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preparing for the trial in the same matter set to begin on June 12, 2017. Additionally, Plaintiff’s

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counsel had two (2) Ninth Circuit Appellate Briefs due on April 27, 2017, counsel is traveling

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Monday, June 5, 2017, to Pasadena, California for an Oral Argument at the Ninth Circuit on

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Tuesday, June 6, 2017 in Hiser v. NDOC; Case Number 15-17450, and numerous substantive

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motions and responses; as well as other general appearances and deadlines.

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This request for extension is made in good faith and not for the purposes of delay.

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WHEREFORE, the parties respectfully request that the Amended Complaint deadline be

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extended an additional seven (7) days up to and including Monday, June 12, 2017.
APPROVED AS TO FORM AND CONTENT.

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DATED this 5th day of June, 2017.

DATED this 5th day of June, 2017.

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POTTER LAW OFFICES

LEWIS BRISBOIS BISGAARD &
SMITH LLP

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By /s/ Cal J. Potter, IV Esq.
CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
C. J. POTTER, IV, ESQ.
Nevada Bar No. 13225
1125 Shadow Lane
Las Vegas, Nevada 89102
Attorneys for Plaintiff

By_/s/ Robert W. Freeman, Esq.
ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 3062
NOEL E. EIDSMORE, ESQ.
Nevada Bar No. 7688
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for LVMPD Defendants

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DATED this 5th day of June, 2017.

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ALVERSON, TAYLOR, MORTENSEN &
SANDERS

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By_/s/ Edward Silverman, Esq.
LEANN SANDERS, ESQ.
Nevada Bar No. 390
EDWARD SILVERMAN, ESQ.
Nevada Bar No.13584
7401 West Charleston Boulevard
Las Vegas, Nevada 89117
Attorneys for NaphCare Defendants

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ORDER
IT IS SO ORDERED.

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June 6, 2017.
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DATED

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UNITED STATES DISTRICT JUDGE

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