Cellemme v. Lynch et al
Filing
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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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NICHOLAS A. TRUTANICH
United States Attorney
District of Nevada
Nevada Bar Number 13644
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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
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Attorneys for the United States
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Plaintiff,
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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.
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COME NOW Plaintiff Drée Ann Cellemme and Defendant Mathew G. Whitaker, Acting
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Attorney General of the United States Department of Justice, and hereby stipulate and agree to a
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120-day extension of time, from February 15, 2019 to June 17, 20191, to file their Joint
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Scheduling Plan and Scheduling Order. An extension is needed because the federal government
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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.”
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was recently shut down for 35 days and the Pro Bono Liaison has not yet found counsel to
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represent Plaintiff in this matter.
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1. At midnight on December 21, 2018, the continuing resolution that had been
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funding the Department of Justice (“Department”) expired and appropriations to the
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Department lapsed.
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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
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voluntary basis, except in very limited circumstances, including “emergencies involving the
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safety of human life or the protection of property.” 31 U.S.C. § 1342.
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4. Following the Court’s denial of Defendant’s motion to dismiss, this case was
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referred to the Pro Bono Liaison for appointment of counsel for Plaintiff. The Pro Bono
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Liaison, however, has not yet found an attorney to represent Plaintiff in this matter.
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5. This case presents claims for disability and gender discrimination, both of which
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are factually and legally complex. The appointment of counsel for Plaintiff by the Pro Bono
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Liaison would greatly assist Plaintiff in the prosecution of her claims.
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Accordingly, the parties seek a second extension of 120 days, from the current due
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date of February 15, 2019 to June 17, 2019, to allow defense counsel to attend to the many
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deadlines she now faces following the re-opening of the federal government after the 35-day
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shutdown and to allow Plaintiff to find counsel to assist with her prosecution of the case. See
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Fed. R. Civ. P. 6(b)(1)(A) (“When an act may or must be done within a specified time, the
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court may, for good cause, extend the time…with or without motion or notice if the court
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acts, or if a request is made, before the original time or its extension expires[.]”) (emphasis
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added).
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This extension request is made in good faith and not for the purpose of delay.
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Respectfully submitted this 1st day of February 2019.
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DRÉE ANN CELLEMME
NICHOLAS A. TRUTANICH
United States Attorney
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Drée Ann Cellemme
Pro Se Plaintiff
s/ Holly A. Vance
Assistant United States Attorney
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IT IS SO ORDERED:
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UNITED STATES MAGISTRAGE JUDGE
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DATED: February 4, 2019
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