Johnson v. Gentry et al

Filing 208

ORDER Granting 207 Stipulation for Extension of Time. Discovery Plan/Scheduling Order due by 10/21/2022. Signed by Magistrate Judge Elayna J. Youchah on 10/11/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-01671-APG-EJY Document 208 Filed 10/11/22 Page 1 of 4

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FRANK M. FLANSBURG III, ESQ., Nevada Bar No. 6974
[e-mail]
EMILY A. ELLIS, ESQ., Nevada Bar No. 11956
[e-mail]
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106
Telephone:
702.382.2101
Facsimile:
702.382.8135

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Attorneys for Plaintiff Lausteveion Johnson

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Attorney s at Law
100 North City Parkway, Suite 1600
Las Vegas, NV 89106

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

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LAUSTEVEION JOHNSON,

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Plaintiff,

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v.

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JAMES DZURENDA; FRANK DREESEN;
REGINA BARRETT; JOSEPH LEWIS;
TIMOTHY KNATZ; DAVID WILLIS AND
JO GENTRY,

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CASE NO. 2:17-cv-01671-APG-EJY
JOINT STIPULATION AND ORDER
TO CONTINUE THE DEADLINE TO
FILE A JOINT DISCOVERY PLAN
AND SCHEDULING ORDER
REGARDING REOPENING
DISCOVERY
(SECOND REQUEST)

Defendants.

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Plaintiff, Lausteveion Johnson (“Plaintiff”), by and through his appointed counsel, Frank

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M. Flansburg, III, Esq., and Emily A. Ellis, Esq., of the law firm Brownstein Hyatt Farber Schreck,

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LLP, and Defendants, James Dzurenda, Frank Dreesen, Regina Barrett, Joseph Lewis, Timothy

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Knatz, David Willis, and Jo Gentry (“Defendants”, and together with Plaintiff, the “Parties”) by

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and through their counsel Aaron D. Ford, Esq., and Austin T. Barnum, Esq., hereby submit this

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Joint Stipulation and Order to Continue the Deadline to file a Joint Discovery Plan and Scheduling

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Order Regarding Reopening Discovery (Second Request).
MEMORANDUM OF POINTS AND AUTHORITIES

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I.

RELEVANT BACKGROUND

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On August 2, 2022, this Court held a status conference in this matter (the “Status

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Conference”). During the Status Conference, the Parties informed the Court that they were working

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24600108.4

Attorney s at Law
100 North City Parkway, Suite 1600
Las Vegas, NV 89106

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

Case 2:17-cv-01671-APG-EJY Document 208 Filed 10/11/22 Page 2 of 4

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together to agree upon the reopening of discovery and the parameters of the same. In light of this,

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the Court ordered the Parties to work together and file, on or before August 26, 2022, either (i) a

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stipulation to reopen discovery, which would include a proposed revised discovery plan, or (ii) a

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joint motion with competing proposals due. Following the Status Conference, the Parties worked

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diligently to agree upon the terms of a stipulation to reopen discovery, including engaging in written

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meet and confer efforts as well as lengthy personal telephonic conferences. As a result of these

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good faith meet and confer efforts, the Parties have orally agreed to certain terms for reopening

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discovery.

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However, because the Parties had not had the opportunity to formalize the agreement and

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prepare a stipulation by the Court ordered deadline, the Parties filed a Joint Stipulation and Order

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to Continue the Deadline to file a Joint Discovery Plan and Scheduling Order Regarding Reopening

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Discovery (First Request) (“First Stipulation”). (ECF No. 205.) As stated in the First Stipulation,

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counsel for Defendants had recently received orders from the military that he would be deployed

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for three weeks, starting August 26, 2022, during which time he would not be able to participate in

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this case. Additionally, counsel for Plaintiff, Troy Domina, left the law firm of Brownstein Hyatt

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Farber Schreck, LLP, with his last of August 26, 2022. Because of the foregoing, the Parties

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required additional time to formalize the stipulation to reopen discovery and requested that the

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Court extend such deadline to October 7, 2022. The Court granted the First Stipulation on August

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30, 2022. (ECF No. 206.)

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Thereafter, Plaintiff’s counsel worked to restaff the matter and Defendants’ counsel was

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deployed, unable to work on the matter. Following Defendants’ counsel’s return, Plaintiff’s

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counsel was able to restaff the matter and the Parties continued to discuss the terms for reopening

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discovery. Counsel are currently working on the formal stipulation to reopen discovery, but have

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been unable to finalize the same for submission by the October 7, 2022, deadline because of the

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complexities and scope of the agreement, as well as scheduling issues. As such, the Parties file the

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instant stipulation respectfully seeking one additional week to file the stipulation to reopen

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discovery, up to and including, October 21, 2022.

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Case 2:17-cv-01671-APG-EJY Document 208 Filed 10/11/22 Page 3 of 4

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II.

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A.

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Attorney s at Law
100 North City Parkway, Suite 1600
Las Vegas, NV 89106

EXTENDING TIME.

(1) In General. 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.

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B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

LEGAL DISCUSSION

Fed.R.Civ.P. 6(b)(1).1

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The United States Supreme Court has recognized, “Rule 6(b) gives the court extensive

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flexibility to modify the fixed time periods found throughout the rules, whether the enlargement is

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sought before or after the actual termination of the allotted time.” Lujan v. Nat'l Wildlife Fed., 497

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U.S. 871, 906 n. 7 (1990) (internal quotation marks and citation omitted) (emphasis added); see

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also Perez-Denison v. Kaiser Found. Health Plan of the Nw., 868 F. Supp. 2d 1065, 1079 (D. Or.

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2012) (citing and quoting Lujan, 497 U.S. at 906). Further, this rule, like all the Federal Rules of

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Civil Procedure is to be liberally construed to effectuate the general purpose of seeing that cases

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are tried on the merits. Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9th Cir. 2010).

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Regarding “good cause,” it is a non-rigorous standard that has been construed broadly across

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procedural and statutory contexts. Id. (citing several circuits Venegas–Hernandez v. Sonolux

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Records, 370 F.3d 183, 187 (1st Cir.2004); Thomas v. Brennan, 961 F.2d 612, 619 (7th Cir.1992);

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Lolatchy v. Arthur Murray, Inc., 816 F.2d 951, 954 (4th Cir.1987)).

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Based on the foregoing, the Parties respectfully submit that good cause exists to grant the

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requested extension. As such, the Parties hereby stipulate and request the Court grant them an

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extension of the deadline for the parties to file a Joint Discovery Plan and Scheduling Order

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Regarding Reopening Discovery to October 21, 2022.

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...

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LR IA 6-1(a): “A motion or stipulation to extend time must state the reasons for the
extension requested and must inform the court of all previous extensions of the subject deadline the
court granted.” Further, a “stipulation or motion seeking to extend the time to file an opposition or
reply to a motion, or to extend the time fixed for hearing a motion, must state in its opening
paragraph the filing date of the subject motion or the date of the subject hearing.” LR IA 6-1(c).
24600108.4
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Case 2:17-cv-01671-APG-EJY Document 208 Filed 10/11/22 Page 4 of 4

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For the reasons stated above, the Parties hereby stipulate and respectfully request the Court

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continue the deadline to file a Joint Discovery Plan and Scheduling Order Regarding Reopening

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Discovery to October 21, 2022.

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DATED this 7th day of October, 2022

DATED this 7th day of October, 2022

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BROWNSTEIN HYATT FARBER SCHRECK,
LLP

STATE OF NEVADA
ATTORNEY GENERAL

BY: /s/ Emily A. Ellis, Esq.
FRANK M. FLANSBURG III, ESQ.
EMILY A. ELLIS, ESQ.

BY: _/s/ Austin T. Barnum, Esq.
m
AARON D. FORD, Attorney General
AUSTIN T. BARNUM, Deputy
Attorney General

Attorneys for Plaintiff Lausteveion Johnson

Attorneys for Defendants

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Attorney s at Law
100 North City Parkway, Suite 1600
Las Vegas, NV 89106

CONCLUSION

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B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

III.

OFFICE

OF

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ORDER

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the

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foregoing stipulation is approved and the deadline to file a Joint Discovery Plan and

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Scheduling Order Regarding Discovery currently scheduled for October 7, 2022, is

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VACATED and rescheduled for October 21, 2022.
IT IS SO ORDERED.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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DATE: October 11, 2022

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