Cervantes v. Las Vegas Metropolitan Police Department Detention Service Division et al

Filing 134

ORDER granting ECF No. 133 Stipulation to Extend Time (Second Request). Plaintiff shall have up to and including June 4, 2021, to respond to LVMPD Defendants' Motion for Reconsideration (ECF No. 122 ) of the Court's Order Denying Summary Judgment (ECF No. 117 ). Signed by Chief Judge Miranda M. Du on 5/5/2021. (Copies have been distributed pursuant to the NEF - SC)

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TREVOR J. HATFIELD, ESQ 1 Nevada Bar No. 7373 2 HATFIELD & ASSOCIATES, LTD. 703 S. Eighth Street 3 Las Vegas, Nevada 89101 Telephone: (702) 388-4469 4 Facsimile: (702) 386-9825 5 Email: thatfield@hatfieldlawassociates.com Attorney for Plaintiff In Conjunction with Legal Aid Center of 6 Southern Nevada Pro Bono Project 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 703 8th Street * Las Vegas, Nevada 89101 Telephone (702) 388-4469 HATFIELD & ASSOCIATES, LTD. 10 LUIS CERVANTES, Plaintiff, 11 12 13 vs. EDDIE SCOTT, et al., 14 Defendants. 15 CASE NO: 2:17-cv-00562-MMD-DJA STIPULATION AND ORDER TO EXTEND TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS EDDIE SCOTT, KEVIN PATIMETEEPORN AND TIMOTHY DORION’S MOTION FOR RECONSIDERATION OF THE COURT’S ORDER DENYING SUMMARY JUDGMENT [ECF No. 117] (Second Request) 16 17 COMES NOW, Plaintiff Luis Cervantes (“Plaintiff”), by and through his counsel, the law 18 19 firm of Hatfield & Associates., Ltd., appearing pro bono publico, and Defendants Eddie Scott, 20 Kevin Patimeteeporn, and Timothy Dorion (“LVMPD Defendants”) by and through their 21 counsel, the law firm of Kaempfer Crowell, hereby stipulate and agree to extend the time for 22 Plaintiff to Respond to LVMPD Defendants’ Motion for Reconsideration of the Court’s Order 23 Denying Summary Judgment [ECF No. 122] due on May 5, 2021 to June 4, 2021. 24 Accordingly, Plaintiff shall have up to and including June 4, 2021, to respond to LVMPD 25 26 Defendants’ Motion for Reconsideration of the Court’s Order Denying Summary Judgment 27 [ECF #122]. 28 This request is submitted pursuant to LR IA 6-1, 6-2 and LR II 7-1 and is the parties 1 2 second request for an extension of time for Plaintiff to respond to Defendant’s Motion for 3 Reconsideration of the Court’s Order Denying Summary Judgment [ECF #122]. 4 5 Good cause exists for this extension. Plaintiff is incarcerated in High Desert State Prison and is only allowed one hour of time out of his cell per day. If Plaintiff’s counsel calls Plaintiff 6 7 his time on the call is deducted from his one hour of time outside the cell, so Plaintiff requests 8 communication by correspondence rather than a telephone call. Communicating by mail is slow 703 8th Street * Las Vegas, Nevada 89101 Telephone (702) 388-4469 HATFIELD & ASSOCIATES, LTD. 9 and difficult and counsel has had difficulty communicating with Plaintiff, which has caused 10 disruption and delay in representing Plaintiff. Moreover, Defendants have made a settlement 11 offer to Plaintiff which may resolve the case if accepted and make responding to Defendants’ 12 Motion for Reconsideration of the Court’s Order Denying Summary Judgment moot. 13 14 Defendant has courteously granted this second request for an extension of time to file 15 Plaintiff’s Response. The extension will not prejudice any party and will allow Plaintiff to 16 adequately brief its opposition to LVMPD Defendants’ Motion for Reconsideration of the 17 Court’s Order Denying Summary Judgment filed with this Court. The parties are not delaying 18 the conclusion of this matter by way of trial or otherwise; no trial date has yet been ordered as a 19 20 /// 21 /// 22 /// 23 /// 24 /// 25 26 /// 27 /// 28 /// -2- 1 new Magistrate Judge is going to be assigned to the case. th 2 DATED this 4 day of May, 2021 DATED this 4th day of May, 2021 3 HATFIELD & ASSOCIATES KAEMPFER CROWELL 4 /s/ Lyssa S. Anderson By: LYSSA S. ANDERSON, ESQ. Nevada Bar No. 5781 RYAN W. DANIELS, ESQ. Nevada State Bar No. 13094 KRISTOPHER J. KALKOWSKI, ESQ Nevada State Bar No. 14892 Tel.: (702) 792-7000 Email: landerson@kcnvlaw.com Email: rdaniels@kcnvlaw.com Email: kkalkowski@kcnvlaw.com Attorneys for Defendants Eddie Scott, Kevin Patimeteeporn, and Timothy Dorion 5 6 7 8 9 703 8th Street * Las Vegas, Nevada 89101 Telephone (702) 388-4469 HATFIELD & ASSOCIATES, LTD. 10 /s/ Trevor J. Hatfield By: TREVOR J. HATFIELD, ESQ. Nevada Bar No. 7373 703 S. Eighth Street Las Vegas, Nevada 89101 Tel: (702) 388-4469 Email: thatfield@hatfieldlawassociates.com Attorney for Plaintiff In Conjunction with Legal Aid Center of Southern Nevada Pro Bono Project. 11 12 13 14 15 ORDER 16 17 IT IS SO ORDERED: 18 UNITED STATES DISTRICT JUDGE 19 Dated: 20 21 22 23 24 25 26 27 28 -3- May 5, 2021

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