United States of America, ex rel et al v. Fife Dermatology PC et al

Filing 78

ORDER Granting 77 Stipulation for Extension of Time re 71 Motion for Summary Judgment. Responses due by 4/11/2022. Replies due by 5/16/2022. Signed by Judge James C. Mahan on 3/29/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-02191-JCM-EJY Document 77 Filed 03/28/22 Page 1 of 4

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JAMES P. KEMP, ESQUIRE
Nevada Bar No. 006375
KEMP & KEMP, ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110,
Las Vegas, NV 89130
[phone] tel./[phone] fax
[e-mail]
Attorney for Plaintiff Thomas Mooney

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CASE NO. 2:17-cv-02191-JCM-DJA

THOMAS MOONEY,

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v.

ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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STIPULATION AND ORDER TO
EXTEND TIME FOR PLAINTIFF TO
RESPOND TO DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT AND TO
EXTEND TIME FOR DEFENDANTS TO
FILE THEIR REPLY IN SUPPORT OF
THEIR MOTION FOR SUMMARY
JUDGMENT

Plaintiff,

FIFE DERMATOLOGY, PC, d/b/a
SURGICAL DERMATOLOGY & LASER
CENTER; DOUGLAS FIFE, M.D.; and
HEATHER FIFE,

[ECF NO. 71]

Defendants.

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(SECOND REQUEST)

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The Parties, by and through their respective counsel, hereby stipulate for a second time to

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extend the time for Plaintiff to respond to Defendants’ MOTION FOR SUMMARY

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JUDGMENT [ECF No. 71] from the current extended deadline of Monday, March 28, 2022

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through and including Monday, April 11, 2022. Based on Plaintiff’s need for a second extension,

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the Parties further stipulate that Defendants shall have up to and including Monday, May 16,
2022 to file their reply in support of their Motion for Summary Judgment.
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///

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Case 2:17-cv-02191-JCM-EJY Document 77 Filed 03/28/22 Page 2 of 4

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This is the SECOND request for an extension of Plaintiff’s deadline to respond to
Defendants’ Motion for Summary Judgment [ECF No. 71]. The Parties provide the following
information to the Court regarding the proposed extension of time:
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Defendants filed their Motion for Summary Judgment [ECF No. 71] on

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February 11, 2022, and a related Errata [ECF No. 74] solely concerning

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exhibits on February 15, 2022.

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2.

On March 1, 2022, Plaintiff’s counsel contacted Defendants’ counsel with

week extension for Plaintiff’s response deadline, moving the deadline

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from March 4, 2022 to March 28, 2022 based on the fact that Plaintiff’s

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ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

a request to amend the summary judgment briefing schedule with a three-

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KEMP & KEMP

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counsel was scheduled to be on vacation from March 4, 2022 to March

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18, 2022 for a long-planned two-week cruise where he and his wife are

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celebrating their 25th wedding anniversary. During this long-planned

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cruise, Plaintiff’s counsel did not have any time to work on the response

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to Defendants’ comprehensive motion seeking summary judgment on all

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claims until March 21, 2022. Plaintiff’s counsel has been working on the

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response, but has not had time to complete it because of an intervening

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factor that was somewhat unexpected.

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3.

While Plaintiff’s counsel was on vacation, on March 11, 2022, Plaintiff’s

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counsel received an order in Case 8:18-cv-01727-MAA Damian Raffele

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v. VCA, Inc in the Central District of California that after approximately

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seven months of waiting due to COVID-19 delays a jury and a courtroom

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has been confirmed for a jury trial commencing at 8:30 a.m. on March 30,

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2022, which is this coming Wednesday. Accordingly, Plaintiff’s counsel
has had to divert efforts from working on the extensive summary

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Case 2:17-cv-02191-JCM-EJY Document 77 Filed 03/28/22 Page 3 of 4

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judgment opposition due in this case to trial preparations in the Raffele

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matter. This trial was not expected to be able to go, but now that the

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opportunity has come up, the Judge in California is insistent that it

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commence and get completed. Plaintiff’s counsel must leave for

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California today, March 28, 2022.

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4.

On March 27, 2022, Plaintiff’s counsel emailed Defendants’ counsel to

forth above. Defendants’ counsel granted Plaintiff’s counsel’s request for

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additional time. To that end, the Parties agree that Plaintiff may have until

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Monday, April 11, 2022 to file his Response to Defendants’ Motion for

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ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

request an additional two weeks to file his response for the reasons set

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KEMP & KEMP

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Summary Judgment.

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5.

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The Parties have further agreed to extend the time for Defendants’ Reply
by three weeks from Monday, April 25, 2022 to Monday, May 16, 2022.

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See LR 7-2 (setting deadline for Reply in Support of Motion for

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Summary Judgment at 14 days). This additional time is needed by

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Defendants to account for Plaintiff’s extension request, which request

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affects Defendants’ drafting timeframe as it now intersects with the

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Easter holiday, pre-planned travel, spring break for Clark County School

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District students, and time-intensive obligations in other matters

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(including, but not limited to, preparation for an evidentiary hearing

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currently

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2:20‐cv‐00406‐RFB‐BNW).

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set for the week of May 9,

2022 in Case No.

There are no other deadlines or proceedings with which this extension
would interfere.

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Case 2:17-cv-02191-JCM-EJY Document 77 Filed 03/28/22 Page 4 of 4

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This stipulation to extend the Response and Reply deadlines regarding Defendants’
Motion for Summary Judgment [EFC No. 71] (to Monday, April 11, 2022 and Monday, May 16,
2022, respectively) is made in good faith and not for the purposes of delay.
DATED this 28th day of March, 2022.

DATED this 28th day of March, 2022.

/s/ Hayley J. Cummings (with permission)
P. SWEN PRIOR, ESQ.
HAYLEY CUMMINGS, ESQ,
SNELL & WILMER
3883 Howard Hughes Pkwy., #1100
Las Vegas, NV 89169

/s/ James P. Kemp
JAMES P. KEMP, ESQ.
Bar No. 6375
KEMP & KEMP, Attorneys at Law
7435 W. Azure Drive, Suite 110
Las Vegas, NV 89130

Attorneys for Defendants

Attorney for Plaintiff

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ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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ORDER

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IT IS SO ORDERED:
____________________________________
UNITED STATES DISTRICT JUDGE

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March 29, 2022
DATED: ________________________

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