Garcia v. State of Nevada et al

Filing 57

ORDER granting 56 Motion to Extend Time; Motions due by 8/2/2021. Proposed Joint Pretrial Order due by 9/1/2021. Signed by Magistrate Judge Cam Ferenbach on 6/3/2021. (Copies have been distributed pursuant to the NEF - DRS)

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AARON D. FORD
Attorney General
KATLYN M. BRADY (Bar No. 14173)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
Email: [e-mail]
Attorneys for Defendants
Brian Williams, Isidro Baca,
Megan Sullivan, Daron Franklin,
Lisa Walsh, James Cox, James
Dzurenda, Dwight Neven, Romeo
Aranas, Gregory Bryan, Jennifer
Nash, Laurie Hoover, and Sheryl
Foster

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LISA A. RASMUSSEN, Esq.
Law Offices of Kristina Wildeveld & Associates
550 E. Charleston Blvd.
Las Vegas, NV 89101
T. [phone] | F. [phone]
www.veldlaw.com

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KARISMA GARCIA,

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Plaintiff,

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vs.

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STATE OF NEVADA, et al.,

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Case No. 2:17-cv-00359-APG-VCF

JOINT MOTION TO EXTEND
DISPOSTIVE MOTION DEADLINE
(FIFTH REQUEST)

Defendants.

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The Parties hereby move to extend the time to complete dispositive motions from

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June 1, 2021, to August 2, 2021. Good cause supports this extension request as it will allow

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the parties to engage in settlement discussions to resolve this matter.

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Page 1 of 4

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I.

PROCEDURAL POSTURE

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A.

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To date, Garcia disclosed all of the documents in her possession on July 6, 2020.

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Defendants disclosed all of the documents in its possession on August 11, 2020. Defendants

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provided Garcia with a PDF of all prison medical files on January 26, 2021. Garcia provided

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a first supplement to her initial disclosures on March 26, 2021.

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B.

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Discovery Completed Pursuant To Local Rule 26-31

Reasons That Dispositive Motions Cannot Be Completed Within The
Date Set By Scheduling Order

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On Friday, May 21, 2021, Senior Deputy Attorney General Katlyn M. Brady was

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assigned to assist in this matter and draft any dispositive motions. Counsel spent the

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following weekend, and several workdays, familiarizing herself with this matter.

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Further, defense counsel and plaintiff’s counsel have begun preliminary discussions

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regarding settling this matter prior to dispositive motions. Both parties believe a

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settlement in this matter may be possible. Thus, both parties have agreed to extend the

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deadline for dispositive motions to allow for settlement discussions.

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LR 26-3. EXTENSION OF SCHEDULED DEADLINES:
A motion or stipulation to extend any date set by the discovery
plan, scheduling order, or other order must, in addition to
satisfying the requirements of LR IA 6-1, be supported by a
showing of good cause for the extension. A motion or stipulation
to extend a deadline set forth in a discovery plan must be
received by the court no later than 21 days before the expiration
of the subject deadline. A request made within 21 days of the
subject deadline must be supported by a showing of good cause.
A request made after the expiration of the subject deadline will
not be granted unless the movant also demonstrates that the
failure to act was the result of excusable neglect. A motion or
stipulation to extend a discovery deadline or to reopen discovery
must include:
(a) A statement specifying the discovery completed;
(b) A specific description of the discovery that remains to be
completed;
(c) The reasons why the deadline was not satisfied or the
remaining discovery was not completed within the time
limits set by the discovery plan; and
(d) A proposed schedule for completing all remaining discovery.

Page 2 of 4

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C.

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Remaining Discovery
There is no remaining discovery, and the Parties do not anticipate

circumstances that would warrant a request to reopen.

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D.

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•

Dispositive Motion Deadline

August 2, 2021

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•

Joint Pretrial Order Deadline

September 1, 20212

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II.

Proposed Schedule

GOOD CAUSE EXISTS TO EXTEND PENDING DEADLINES3

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The parties submit that the ongoing settlement discussions constitute good cause to

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extend the dispositive motion deadline. This will allow the parties to prioritize settlement

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negotiations and will avoid the added costs of preparing or defending a dispositive motion.

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LR 26-1(b)(5):
Unless the discovery plan otherwise provides and the
court so orders, the deadline for the joint pretrial order is 30 days
after the dispositive-motion deadline. If dispositive motions are
filed, the deadline for filing the joint pretrial order will be
suspended until 30 days after decision on the dispositive motions
or further court order
3Rule 6(b), Fed. R. Civ. Proc.
Rule 6(b)(1), Fed. R. Civ. Pro., governs extensions of time:
When an act may or must be done within a specified time, the
court may, for good cause, extend the time: (A) with or without
motion or notice if the court acts, or if a request is made, before
the original time or its extension expires; or (B) on motion made
after the time has expired if the party failed to act because of
excusable neglect.

Page 3 of 4

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III.

CONCLUSION
Based upon the foregoing reasons, the Parties request that this Court grant the

requested relief and continue deadlines as requested herein.

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DATED this 1st day of June, 2021

DATED this 1st day of June, 2021

By: /s/ Lisa A. Rasmussen
Lisa A. Rasmussen, Esq.
Law Offices of Kristina Wildeveld &
Associates
550 E. Charleston Blvd.
Las Vegas, NV 89101
T. [phone] | F. [phone]
www.veldlaw.com
Attorneys for Plaintiff

By: /s/ Katlyn M. Brady
KATLYN M. BRADY
Senior Deputy Attorney General
Office of the Nevada Attorney General
555 E. Washington Avenue, #3900
Las Vegas, Nevada 89101
Attorneys for Defendants

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IT IS SO ORDERED.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE
6-3-2021
DATE: ________________________________

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