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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1 2 3 4 5 6 7 8 9 10 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 (702) 486-0661 (phone) (702) 486-3773 (fax) Email: 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 11 14 LISA A. RASMUSSEN, Esq. Law Offices of Kristina Wildeveld & Associates 550 E. Charleston Blvd. Las Vegas, NV 89101 T. (702) 222-0007 | F. (702) 222-0001 15 Attorneys for Plaintiff 12 13 16 17 18 UNITED STATES DISTRICT COURT 19 DISTRICT OF NEVADA 20 KARISMA GARCIA, 21 Plaintiff, 22 vs. 23 STATE OF NEVADA, et al., 24 Case No. 2:17-cv-00359-APG-VCF JOINT MOTION TO EXTEND DISPOSTIVE MOTION DEADLINE (FIFTH REQUEST) Defendants. 25 26 The Parties hereby move to extend the time to complete dispositive motions from 27 June 1, 2021, to August 2, 2021. Good cause supports this extension request as it will allow 28 the parties to engage in settlement discussions to resolve this matter. 30 Page 1 of 4 1 I. PROCEDURAL POSTURE 2 A. 3 To date, Garcia disclosed all of the documents in her possession on July 6, 2020. 4 Defendants disclosed all of the documents in its possession on August 11, 2020. Defendants 5 provided Garcia with a PDF of all prison medical files on January 26, 2021. Garcia provided 6 a first supplement to her initial disclosures on March 26, 2021. 7 B. 8 Discovery Completed Pursuant To Local Rule 26-31 Reasons That Dispositive Motions Cannot Be Completed Within The Date Set By Scheduling Order 9 On Friday, May 21, 2021, Senior Deputy Attorney General Katlyn M. Brady was 10 assigned to assist in this matter and draft any dispositive motions. Counsel spent the 11 following weekend, and several workdays, familiarizing herself with this matter. 12 Further, defense counsel and plaintiff’s counsel have begun preliminary discussions 13 regarding settling this matter prior to dispositive motions. Both parties believe a 14 settlement in this matter may be possible. Thus, both parties have agreed to extend the 15 deadline for dispositive motions to allow for settlement discussions. 16 /// 17 18 19 20 21 22 23 24 25 26 27 28 30 1 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 1 C. 2 3 Remaining Discovery There is no remaining discovery, and the Parties do not anticipate circumstances that would warrant a request to reopen. 4 D. 5 • Dispositive Motion Deadline August 2, 2021 6 • Joint Pretrial Order Deadline September 1, 20212 7 II. Proposed Schedule GOOD CAUSE EXISTS TO EXTEND PENDING DEADLINES3 8 The parties submit that the ongoing settlement discussions constitute good cause to 9 extend the dispositive motion deadline. This will allow the parties to prioritize settlement 10 negotiations and will avoid the added costs of preparing or defending a dispositive motion. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 22 23 24 25 26 27 28 30 2 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 1 2 3 III. CONCLUSION Based upon the foregoing reasons, the Parties request that this Court grant the requested relief and continue deadlines as requested herein. 4 5 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. (702) 222-0007 | F. (702) 222-0001 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 6 7 8 9 10 11 12 13 IT IS SO ORDERED. 14 15 16 _______________________________________ UNITED STATES MAGISTRATE JUDGE 6-3-2021 DATE: ________________________________ 17 18 19 20 21 22 23 24 25 26 27 28 30 Page 4 of 4

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