Wolf et al v. Clark County Department of Family Services et al

Filing 53

ORDER Granting 52 Motion to Extend Time to Amend Pleadings. See Order for deadline. No further extensions will be granted. Signed by Magistrate Judge Nancy J. Koppe on 1/22/2018. (Copies have been distributed pursuant to the NEF - ADR)

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ALLEN M. RESSLER, ESQ. (WSBA #5330)
LAW OFFICES OF RESSLER & TESH
Penthouse Suite
821 Second Avenue
Seattle, Washington, 98104
Attorneys for Plaintiffs110
Tel: [phone]

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JUSTIN L. WILSON, ESQ.
JONES WILSON LLP
Nevada Bar No. 7560
1522 W. Warm Springs Road
Henderson, Nevada 89014
Tel: [phone]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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BRUCE WOLFE, as Litigation
Guardian Ad Litem for C.A.R., D.O.B.: No. 2:17-cv-02084-JCM-NJK
1/19/2002,
C.J.R., D.O.B.: 1/17/2005 and
PLAINTIFFS’ MOTION TO
G.Y.R., D.O.B: 10/7/2006
EXTEND THE DEADLINE TO
AMEND PLEADINGS AND ADD
Plaintiffs,
PARTIES
v.

THIRD REQUESTED EXTENSION

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CLARK COUNTY, THE STATE OF
NEVADA
DEPARTMENT
OF
HEALTH AND HUMAN SERVICES,
NEVADA DIVISION OF CHILDREN
AND FAMILY SERVICES AND
JOHN AND JANE DOE 1-10.
Defendants.

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PLAINTIFFS’ MOTION TO EXTEND THE
DEADLINE TO AMEND PLEADINGS AND
ADD PARTIES THIRD REQUESTED EXTENSION - 1

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Plaintiffs move the Court for an order extending the deadline for adding
parties and amending the pleadings.

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On December 14, 2017 the parties presented a stipulation to this Court asking

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the Court to extend all deadlines for 120 days. That motion was granted in part,
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however, because the deadline for moving to amend or add parties had passed the
court denied that part of the motion without prejudice. Docket No. 46.

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On December 20, 2017 Plaintiffs moved for a second order extending the

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deadlines for moving to adding the parties and amending the pleadings. Docket No.

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48.

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On December 21, 2017 the Court granted Plaintiffs’ motion to extend the
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deadline to amend pleadings and ordered that the Plaintiffs add or amended the
complaint no later than January 31, 2018. Docket No. 49.

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Since the second request for extension was filed, Clark County has produced

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an excess of 2,500 pages of records contained in 64 exhibits. See Ressler

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Declaration.

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Plaintiffs’ counsel has reviewed the records and they have been able to
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identify several Clark County agents and employees whom they believe could be
added as defendants to this complaint.

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PLAINTIFFS’ MOTION TO EXTEND THE
DEADLINE TO AMEND PLEADINGS AND
ADD PARTIES THIRD REQUESTED EXTENSION - 2

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Defendants have failed to produce documents and records relating to the
ICPC request to the State of Oregon and Oregon’s responses to that request.
Defendants claimed that the State of Nevada has control of these records

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since they managed them. Additionally, Defendants recently advised that they
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located in excess of 1,000 pages of additional records relating to the ICPC. They

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advised that they were reviewing and redacting those records as necessary. They

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also advised that these records would be produced shortly. See Exhibit 1 to Ressler

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Declaration.

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Because Defendant Clark County failed to produce the ICPC records,

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Plaintiffs have issued a Subpoena to the state of Nevada requesting the complete
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ICPC file.

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Plaintiffs also asked the Defendant Clark County to produce the dependency

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file for the three children transferred to the state of Oregon. The Defendants claim

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that they did not have the entire dependency file and that those records were in the

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exclusive control of the Juvenile Court. See Exhibit 2 to Ressler Declaration.

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Plaintiffs have issued a Subpoena to the Clark County Juvenile Family Court
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and requested that they produce the entire dependency file.

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Plaintiffs would like the opportunity to review the entire ICPC file as well as

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the entire dependency file before they make a final determination of who to add as

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PLAINTIFFS’ MOTION TO EXTEND THE
DEADLINE TO AMEND PLEADINGS AND
ADD PARTIES THIRD REQUESTED EXTENSION - 3

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additional defendants and what other amendment to the pleadings may be

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necessary.

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Wherefore, Plaintiffs request that the Court authorize an additional 30 days

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to allow Plaintiffs to amend and / or add additional parties.
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Respectfully submitted this 19th day of January, 2018.
RESSLER & TESH, PLLC

JONES WILSON LLP

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Allen M. Ressler, WSBA No. 5330
821 – 2nd Avenue, Suite 2200
Seattle, WA 98104
Tel: [phone]
Fax: [phone]
Counsel for Plaintiffs
[e-mail]

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Justin L. Wilson, Esq.
Nevada Bar No. 7560
1522 W. Warm Springs Road
Henderson, NV 89014
Co-Counsel for Plaintiffs
Tel: [phone]
[e-mail]

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NO FURTHER EXTENSIONS WILL BE GRANTED

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IT IS SO ORDERED.

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Dated: January 22, 2018

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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PLAINTIFFS’ MOTION TO EXTEND THE
DEADLINE TO AMEND PLEADINGS AND
ADD PARTIES THIRD REQUESTED EXTENSION - 4