Johnson v. Gentry et al

Filing 234

ORDER Granting 233 Stipulation for Extension of Time. Discovery due by 4/5/2024. Motions due by 5/6/2024. Proposed Joint Pretrial Order due by 6/5/2024. Signed by Magistrate Judge Elayna J. Youchah on 12/4/2023. (Copies have been distributed pursuant to the NEF - AMMi)

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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]
MONIQUE S. JAMMER, ESQ., Nevada Bar No. 15420
[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,
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
PROPOSED ORDER TO EXTEND
DISCOVERY (SEVENTH REQUEST)

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Defendants.
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Plaintiff Lausteveion Johnson (“Plaintiff”) and Defendants James Dzurenda, Frank

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Dreesen, Regina Barrett, Joseph Lewis, Timothy Knatz, David Willis, and Jo Gentry

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(“Defendants,” together with Plaintiff, the “Parties”) by and through their undersigned counsel,

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hereby stipulate, contingent on this Court’s approval, as follows:

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I.

PROCEDURAL POSTURE.
1.

The Parties attended a global settlement conference for the instant case, along with

counsel in all other cases filed by Plaintiff, on October 5, 2023 (“Settlement Conference”).
2.

Pursuant to stipulation of the Parties, the Court entered an order that stayed this

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matter until the Settlement Conference occurred, and extended the discovery deadlines as follows

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(“Order”):

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a)

Discovery Cut-Off: The time for the parties to complete discovery shall be
extended by ninety (90) days to January 5, 2024.

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b)

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to file dispositive motions; and

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c)

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

Joint Pre-Trial Order [LR 26-1(b)(5)]: If no dispositive motions are filed, the
Joint Pretrial Order shall be filed on March 5, 2024.

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See ECF No. 231.

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3.

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B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

Dispositive Motions [LR 26-1(b)(4)]: The parties shall have until February 5, 2024,

II.

This action did not settle at the Settlement Conference.

REASONS THE REMAINING DISCOVERY WAS NOT COMPLETED TO DATE

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– GOOD CAUSE AND EXCUSABLE NEGLECT EXIST.

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On November 7, 2023, counsel for Plaintiffs learned that Plaintiff was incarcerated. See

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Correspondence (Nov. 7, 2023), attached hereto as Exhibit 1. This occurred during a period when

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the Parties just began to resume discovery in this action. The Parties have worked diligently through

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the course of litigation to conduct discovery and prepare this action for trial. However, in light of

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the discovery disputes still pending, the limited contact counsel has with Plaintiff, and the discovery

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deadline fast approaching, an extension is necessary. This stipulation comes less than 21 days

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before the discovery deadline because the forgoing circumstances arose recently. The Parties

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pursue this stipulation cooperatively, and avoided Court intervention to the farthest extent possible.

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Moreover, because all Parties are stipulating, no party will be prejudiced by extending discovery

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as requested. Nor is this stipulation made with undue delay, dilatory motive, or bad faith.
Thus, good cause and excusable neglect exist for this Court to grant this stipulation.

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III.

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COMPLETED DISCOVERY.
4.

The Parties have completed the meet and confer requirement pursuant to Fed. R.

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Civ. P. 26(f) and LR 26-1(a). Plaintiff has served his first set of Interrogatories and Requests for

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Production of Documents on Defendants, and Defendants have responded. Plaintiff has served a

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subpoena duces tecum upon NV DOC, and NV DOC has responded.

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IV.

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REMAINING DISCOVERY.
5.

The remaining discovery in this action includes additional written discovery,

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additional subpoenas, depositions, and meet and confer efforts regarding discovery.

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V.

PRIOR GRANTED STAYS AND DISCOVERY EXTENSIONS.

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The Parties have not been granted any prior stays in this action.

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7.

The Parties have been granted five (5) prior discovery plan extensions.

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VI.

DATES REQUESTED FOR CONTINUED DISCOVERY, SHOULD THE MATTER

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NOT SETTLE.

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8.

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agree, subject to this Court’s approval, to the following 90-day extended discovery period:

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a)

Discovery Cut-Off: The time for the parties to complete discovery shall be
extended by ninety (90) days to April 5, 2024.

b)

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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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Dispositive Motions [LR 26-1(b)(4)]: The parties shall have until May 6, 2024, to
file dispositive motions; and

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c)

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Joint Pre-Trial Order [LR 26-1(b)(5)]: If no dispositive motions are filed, the
Joint Pretrial Order shall be filed on June 5, 2024.

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d)

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If dispositive motions are filed, the Joint Pretrial Order shall be filed thirty (30) days
after the Court serves its order concerning the dispositive motions.

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9.

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If the case is not resolved at the settlement conference, the Parties stipulate and

The Parties submit this stipulation in good faith and without any intent to cause

undue delay in this case.

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DATED this 4th day of December, 2023.

DATED this 4th day of December, 2023.

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BROWNSTEIN HYATT FARBER
SCHRECK, LLP

STATE OF NEVADA OFFICE OF ATTORNEY
GENERAL

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BY: /s/ Monique S. Jammer
FRANK M. FLANSBURG III, ESQ.
EMILY A. ELLIS, ESQ.
MONIQUE S. JAMMER, ESQ.

BY: /s/ Chris W. Davis
AARON D. FORD, Attorney General
CHRIS W. DAVIS, Senior Deputy Attorney
General

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Attorneys for Plaintiff

Attorneys for Defendants

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ORDER

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IT IS SO ORDERED:

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DATED this 4th day of December, 2023.

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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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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Respectfully submitted by:
BROWNSTEIN HYATT FARBER SCHRECK, LLP
/s/ Monique S. Jammer

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FRANK M. FLANSBURG III, ESQ.
EMILY A. ELLIS, ESQ.
MONIQUE S. JAMMER, ESQ.

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Attorneys for Plaintiff

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