Porretti v. Dzurenda et al

Filing 441

ORDER Granting 440 Stipulation for Extension of Time for Discovery and Motion for Summary Judgment. Discovery due by 6/13/2022. Summary Judgment Motions due by 7/14/2022. Responses due by 7/28/2022. Replies due by 8/4/2022. See order for further details. Signed by Judge Richard F. Boulware, II on 5/13/2022. (Copies have been distributed pursuant to the NEF - KF) Modified on 5/13/2022 to add Response/Reply deadlines (SLD).

Case 2:17-cv-01745-RFB-DJA Document 441 Filed 05/13/22 Page 1 of 4

1
2
3
4
5
6
7

JASON C. MAKRIS, ESQ.,
SBN 11192
MAKRIS LEGAL SERVICES, LLC
400 S. 4th Street, Suite 500
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff
In conjunction with
U.S. Dist. Court, District of Nevada
Pro Bono Program
UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10

****

Wayne A. Porretti,

11

Plaintiff,

12

v.

13

Dzurenda, et al.,

14

Defendants.

Case No. 2:17-cv-01745-RFB-DJA

STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR DISCOVERY
AND MOTION FOR SUMMARY
JUDGMENT BRIEFING
(FIRST REQUEST)

15

Plaintiff, Wayne A. Porretti, by and through counsel, Jason C. Makris, and Defendants, Alberto

16

Buencamino, James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalang, Francis Oakman, Perry Russell,

17

and Brian Williams, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada,

18

and Alexander J. Smith, Esq., Deputy Attorney General, hereby stipulate and agree to extend the deadline

19

for Discovery for thirty (30) days pursuant to LR 26-3 and IA 6-1; and to extend the filing deadline to

20

the Parties’ Summary Judgment Briefs:

21

DISCOVERY COMPLETED

22

To date, the parties in this action have conducted discovery as follows:

23

1.

The parties conducted their Rule 26(f) conference via telephone.

24

2.

The Parties have served initial disclosures.

25

3.

Expert Witness Disclosures and Rebuttal Expert Witnesses.

26

4.

Treating Physician Disclosures

27

DISCOVERY THAT REMAINS TO BE COMPLETED

28

30
31

Page 1 of 4

Case 2:17-cv-01745-RFB-DJA Document 441 Filed 05/13/22 Page 2 of 4

1

4.

Request for Production of Documents regarding communications between NDOC

2

Defendants regarding the Police to stop providing Wellbutrin and Seroquel and Plaintiff’s medical

3

treatment.

4

5.

Depositions of Named Defendants to be determined upon receipt of document

6

6.

Depositions of FRCP 30(b)(6) to be determined.

7

REASONS FOR REQUEST TO EXTEND DISCOVERY DEADLINE

5

8
9

disclosers;

Counsel for both sides have discussed and agree that a stipulation on this matter is necessary for
proceedings in this case. LR 26-3 provides that upon a demonstration of excusable neglect upon a

10

showing that there is no danger of prejudice to the opposing party, the length of delay and its potential

11

impact on the proceedings, the reason for delay, and that the movant has acted in good faith. See

12

Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 395, 113 S.Ct. 1489, 123

13

L.Ed.2d 74 (1993).

14

On March 30, 2022, this court entered an order allowing limited discovery on the issue of

15

communication between NDOC Defendants regarding their police and treatment of Plaintiff while in

16

custody of the NDOC. ECF 436. During that time, Counsels for Plaintiff and NDOC Defendants

17

have been discussing issues relevant to the litigation in this matter, including discussions regarding the

18

payment of Dr. Roitman’s outstanding fees. NDOC Defendants have complied with this Court’s

19

Orders, and provided payment to Dr. Roitman. Due to Plaintiff’s Counsel’s case load, however, the

20

discovery requested has not been able to be competently completed within the time frame initially

21

granted by this Court due to Counsel’s case load in the Eighth Judicial District Court.

22

Additionally, since this Court’s Order, DAG Alexander Smith, Esq., has returned from leave

23

and is again actively involved in the action. At this point no trial date has been set in this matter.

24

Based upon the above factors, no prejudice will result to NDOC Defendants, as Counsel has stipulated

25

to the extension. Additionally, the potential impact on the requested additional thirty (30) day request

26

for extending discovery is minimal and will not have an impact to any trial date since none has been

27

set. Plaintiff is receiving his mental health medications as previously ordered by this Court and sees

28

Dr. Sussman monthly for continued evaluation of those medications.

30
31

Page 2 of 4

Case 2:17-cv-01745-RFB-DJA Document 441 Filed 05/13/22 Page 3 of 4

1

Finally, Counsel moves for this in good faith as this outstanding discovery is necessary for

2

summary judgment purposes. Therefore, excusable neglect and good cause support extending the

3

discovery deadline.

4

Additionally, the parties agree to an extension of Summary Judgment deadlines to ensure

5

completeness of the record before this Court. Therefore, the Parties stipulate to and request this Court

6

to extend the applicable deadlines as follows:

7
8

NEW DISCOVERY CUT-OFF DATE:

June 13, 2022

9

Summary Judgement Briefs Due By:

July 14, 2022;

10

Response/Opposition Briefs Due By:

July 28, 2022;

11

Reply Briefs Due by:

August 04, 2022.

12
JASON C. MAKRIS, ESQ.

13
14

By:

15
16

18

20
21

Date: May 12 , 2022

AARON D. FORD, ESQ.
Nevada Attorney General

17

19

/s/ Jason C. Makris_________
Jason C. Makris (No. 11192)
Attorney for Plaintiff

Alexander J. Smith, ESQ.
Deputy Attorney General
By:

/s/ Alexander J. Smith
Alexander J. Smith (No. 15484)
Deputy Attorney General
Attorneys for Defendants

Date: May 12 , 2022

22
23
24
25
26
27

IT IS SO ORDERED:
____________________________________
UNITED STATES DISTRICT JUDGE
Dated: _____________________________
DATED this 13th day of May, 2022.

28

30
31

Page 3 of 4

Case 2:17-cv-01745-RFB-DJA Document 441 Filed 05/13/22 Page 4 of 4

1
2

CERTIFICATE OF SERVICE
I hereby certify that on the 12th day of May, 2022, I electronically filed the foregoing

3

stipulation for stipulation AND ORDER FOR EXTENSION OF TIME FOR DISCOVERY AND

4

MOTION FOR SUMMARY JUDGMENT BRIEFING (FIRST REQUEST) via the United States

5

District Court, District of Nevada’s electronic filing system. Parties registered with this Court’s

6

electronic system will be served electronically.

7
8
9

AARON D. FORD, Esq.
Nevada Attorney General
ALEXANDER J. SMITH, ESQ.
Deputy Attorney General

10
11

/s/ Jason Makris
An Employee of the Makris Legal Services, LLC

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

30
31

Page 4 of 4