Festa v. NDOC

Filing 167

ORDER Denying as moot 161 Motion to Halt Summary Judgment. Plaintiff Anthony Festa has until 5/27/2022 to file a response to the defendants motion for summary judgment (ECF No. 149 ). Signed by Judge Andrew P. Gordon on 4/27/2022. (Copies have been distributed pursuant to the NEF - KF)(Mailed to P - KF) Regenerated NEF.

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 ANTHONY FESTA,
4

Plaintiff

5 v.
6 NDOC, et al.,
7
8

Case No.: 2:17-cv-00850-APG-NJK
Order Denying Motion to Halt Summary
Judgment as Moot and Setting Deadline
for Response
[ECF No. 161]

Defendants
Plaintiff Anthony Festa moves for me to suspend summary judgment briefing until the

9 defendants produce discovery that Festa has requested. ECF No. 161. Festa had filed a motion to
10 compel. ECF No. 148. Magistrate Judge Koppe directed the parties to meet and confer to
11 resolve the discovery dispute. ECF No. 164. Judge Koppe subsequently denied the motion to
12 compel without prejudice and ordered that any renewed motion to compel must be filed by April
13 19, 2022. ECF No. 166. No renewed motion to compel has been filed. Consequently, it appears
14 that the discovery dispute has concluded and there is no further impediment to Festa responding
15 to the summary judgment motion. I therefore deny his motion to halt summary judgment as
16 moot, and I set a deadline for his response to the summary judgment motion.
17

I THEREFORE ORDER that plaintiff Anthony Festa’s motion to halt summary judgment

18 (ECF No. 161) is DENIED as moot. Plaintiff Anthony Festa has until May 27, 2022 to file a
19 response to the defendants’ motion for summary judgment (ECF No. 149).
20

DATED this 27th day of April, 2022.

21
22
23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE