Cellemme v. Lynch et al

Filing 69

ORDER Granting 68 Second Stipulation for Extension of Time. Joint Discovery Plan/Scheduling Order due by 6/17/2019. Signed by Magistrate Judge Carl W. Hoffman on 2/4/2019. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 NICHOLAS A. TRUTANICH United States Attorney District of Nevada Nevada Bar Number 13644 6 HOLLY A. VANCE Assistant United States Attorney United States Attorney’s Office 400 S. Virginia Street, Suite 900 Reno, NV 89501 (775) 784-5438 Holly.A.Vance@usdoj.gov 7 Attorneys for the United States 4 5 8 UNITED STATES DISTRICT COURT 9 10 DISTRICT OF NEVADA 11 Plaintiff, 12 13 14 Case No. 2:16-cv-02539-JAD-CWH Drée Ann Cellemme, Stipulation of Time to file Joint Discovery Plan and Scheduling Order v. (Second Request) Mathew G. Whitaker, Attorney General, U.S. Department Of Justice, Defendant. 15 16 COME NOW Plaintiff Drée Ann Cellemme and Defendant Mathew G. Whitaker, Acting 17 Attorney General of the United States Department of Justice, and hereby stipulate and agree to a 18 120-day extension of time, from February 15, 2019 to June 17, 20191, to file their Joint 19 Scheduling Plan and Scheduling Order. An extension is needed because the federal government 20 ///// 21 ///// 22 Because the due date falls on Saturday June 15, 2019, the parties have changed the due date to the next business day: June 17, 2019. Pursuant to Fed. R. Civ. P. 6(a)(1)(C), “When the period is stated in days … if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday.” 1 23 24 1 1 was recently shut down for 35 days and the Pro Bono Liaison has not yet found counsel to 2 represent Plaintiff in this matter. 3 1. At midnight on December 21, 2018, the continuing resolution that had been 4 funding the Department of Justice (“Department”) expired and appropriations to the 5 Department lapsed. 6 7 8 9 2. After 35 days, on Friday, January 25, 2019, the United States Congress enacted, and the President signed, a new continuing resolution funding the Department. 3. During the lapse in appropriations, federal law and Department policy prohibited Department attorneys and staff, including defense counsel, from working, even on a 10 voluntary basis, except in very limited circumstances, including “emergencies involving the 11 safety of human life or the protection of property.” 31 U.S.C. § 1342. 12 4. Following the Court’s denial of Defendant’s motion to dismiss, this case was 13 referred to the Pro Bono Liaison for appointment of counsel for Plaintiff. The Pro Bono 14 Liaison, however, has not yet found an attorney to represent Plaintiff in this matter. 15 5. This case presents claims for disability and gender discrimination, both of which 16 are factually and legally complex. The appointment of counsel for Plaintiff by the Pro Bono 17 Liaison would greatly assist Plaintiff in the prosecution of her claims. 18 Accordingly, the parties seek a second extension of 120 days, from the current due 19 date of February 15, 2019 to June 17, 2019, to allow defense counsel to attend to the many 20 deadlines she now faces following the re-opening of the federal government after the 35-day 21 shutdown and to allow Plaintiff to find counsel to assist with her prosecution of the case. See 22 Fed. R. Civ. P. 6(b)(1)(A) (“When an act may or must be done within a specified time, the 23 court may, for good cause, extend the time…with or without motion or notice if the court 24 2 1 acts, or if a request is made, before the original time or its extension expires[.]”) (emphasis 2 added). 3 This extension request is made in good faith and not for the purpose of delay. 4 Respectfully submitted this 1st day of February 2019. 5 6 DRÉE ANN CELLEMME NICHOLAS A. TRUTANICH United States Attorney 7 Drée Ann Cellemme Pro Se Plaintiff s/ Holly A. Vance Assistant United States Attorney 8 9 10 IT IS SO ORDERED: 11 12 UNITED STATES MAGISTRAGE JUDGE 13 DATED: February 4, 2019 14 15 16 17 18 19 20 21 22 23 24 3

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