Saubhayana v. Sessions et al

Filing 56

ORDER granting 55 Motion to Extend Time. Discovery Plan/Scheduling Order due by 9/20/2021. Signed by Magistrate Judge Elayna J. Youchah on 8/20/2021. (Copies have been distributed pursuant to the NEF - DRS)

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BRIAN M. BOYNTON
Acting Assistant Attorney General
Civil Division
WILLIAM PEACHEY
Director, District Court Section
Office of Immigration Litigation
ELIANIS PEREZ
Assistant Director, District Court Section
Office of Immigration Litigation
MARY LARAKERS, TX Bar # 24093943
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendants
SYLVIA L. ESPARZA
Law Office of Sylvia L. Esparza
3440 E. Pepper Lane, Suite 105
Las Vegas, NV 89120
Tel: [phone]
[e-mail]
Counsel for Plaintiff
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SATHIRAWAT SAUBHAYANA,

Case No. 2:17-cv-2655-JAD-EJY

Plaintiff,
v.
MERRICK B. GARLAND, U.S. Attorney
General, et al.,
Defendants.

JOINT MOTION FOR 30-DAY
EXTENSION OF TIME TO FILE
DISCOVERY PLAN AND PROPOSED
SCHEDULING ORDER
(Fourth Request)

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Plaintiff Sathirawat Saubhayana and Defendants (collectively, the “Parties”) jointly

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request an additional 30-day extension of time to file their joint discovery plan and proposed

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scheduling order until September 20, 2021. This will be the Parties last request for an extension

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of this deadline. This request is for good cause because the Parties did not receive the documents

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from the Las Vegas Police Department (“LVPD”) that may influence the possibility of

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settlement in this case until today, August 20, 2021.

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On July 20, 2021, the Parties jointly moved for a 30-day extension of time, until August

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20, 2021, to file their proposed scheduling order and enforce the subpoena decus tecum directed

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to the LVPD. ECF No. 51. The Court granted the motion and ordered LVPD to produce the

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records to counsel for the government. ECF No. 52. LVPD refused to provide the records

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without a court order with specific language addressing the sealed records. ECF No. 53. The

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parties then moved for an order with this specific language. Id. The Court granted the Parties’

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request and issued the order directing the LVPD to produce the records within ten days. ECF No.

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54. On August 4, 2021, a representative for LVPD informed undersigned government counsel

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that he sent the documents via the United States Postal Service, and without further explication,

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the representative d refused to send the documents via email, fax, or more expeditious mail

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service. Ex. A. The representative did not provide a tracking number. Ex. A. Undersigned

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counsel for the government received the documents today, August 20, 2021. This request is

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therefore for reasons outside the Parties’ control and for good cause. The Parties will not request

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a further extension of this deadline and, if necessary, will proceed with settlement discussions

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and discovery simultaneously.

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Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
Civil Division
ELIANIS PEREZ
Assistant Director
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Office of Immigration Litigation

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By: /s/ Mary L. Larakers
MARY L. LARAKERS
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendants

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By: /s/ Sylvia L. Esparza
SYLVIA L. ESPARZA
Law Office of Sylvia L. Esparza
3440 E. Pepper Lane, Suite 105
Las Vegas, NV 89120
Tel: [phone]
[e-mail]
Counsel for Plaintiff

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CERTIFICATE OF SERVICE

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Case No.: 2:17-cv-2655-JAD-EJY

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It is hereby certified that service of the foregoing document has been made through the

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Court’s CM-ECF electronic filing and notification system on all system participants on August

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20, 2021.

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/s/ Mary L. Larakers
MARY L. LARAKERS
U.S. Department of Justice
Trial Attorney

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IT IS SO ORDERED.

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___________________________
U.S. MAGISTRATE JUDGE

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Dated: August 20, 2021
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