Carley v. Gentry et al

Filing 178

ORDER granting ECF No. 177 Stipulation : Proposed Joint Pretrial Order due by 10/5/2022. Signed by Magistrate Judge Cam Ferenbach on 9/29/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 2:17-cv-02670-MMD-VCF Document 178 Filed 09/29/22 Page 1 of 4

LISA A. RASMUSSEN, ESQ.
Nevada Bar No. 7491
THE LAW OFFICES OF KRISTINA WILDEVELD
& ASSOCIATES
550 E. Charleston Blvd., Suite A
Las Vegas, NV 89104
Phone [phone]
Fax [phone]
Email: [e-mail]
Attorneys for Plaintiff Elizabeth Carley
AARON D. FORD
Attorney General
DOUGLAS R. RANDS (Bar No. 3572)
Senior Deputy Attorney General
State of Nevada
OFFICE OF THE ATTORNEY GENERAL
100 N. Carson Street
Las Vegas, Nevada 89701-4717
[phone] (phone)
Email: [e-mail]
Attorneys for Defendants James Dzurenda, Charles Daniels,
Sheryl Foster, Jo Gentry, Tanya Hill, Gabriela Najera,
Dwight Neven, Cynthia Ruiz, Kim Thomas, and Patrick Vejar
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ELIZABETH CARLEY,
Plaintiff,
vs.
NEVEN, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CASE NO. 2:17-cv-02670-MMD-VCF
JOINT STIPULATION AND ORDER TO
EXTEND THE JOINT PRETRIAL
ORDER DEADLINE FROM
SEPTEMBER 28, 2022, TO
OCTOBER 5, 2022
(Fifth Request)

Plaintiff ELIZABETH CARLEY, by and through her counsel of record, Lisa A.
Rasmussen, Esq. of The Law Offices of Kristina Wildeveld & Associates, and Defendants,
SHERYL FOSTER, PATRICK VEJAR, JO GENTRY, JAMES DZURENDA, CHARLES
DANIELS, GABRIELA NAJERA, TANYA HILL, DWIGHT NEVEN, CYNTHIA RUIZ, by
-1-

Case 2:17-cv-02670-MMD-VCF Document 178 Filed 09/29/22 Page 2 of 4

through their counsel, Aaron D. Ford, Nevada Attorney General, and Douglas R. Rands, Senior
Deputy Attorney General, of the State of Nevada, Office of the Attorney General, hereby submit
a Joint Stipulation and Order to Extend the Joint Pretrial Order Deadline from September 28,
2022 to October 5, 2022.
I.

INTRODUCTION
The Parties hereby move to extend the Joint Pretrial Order deadline from September 28,

2022 to October 5, 2022 (7 days). The Joint Pretrial Order is due today. Counsel for Plaintiff,
Ms. Carley, prepared a draft of the Joint Pretrial Order that they sent to Mr. Rands yesterday
afternoon. Mr. Rands, counsel for all defendants, emailed last night to advise that he is currently
in trial and he will not be able to complete his portions of the Joint Pretrial Order today as a result.
Accordingly, the parties seek a one week extension of time to file the Joint Pretrial Order
and submit to the Court that the fact that Mr. Rands is in trial constitutes good cause.
II.

LEGAL STANDARDS
Federal Rule of Civil Procedure 6(b)(1) provides:
(1) In General. When an act may or must be done within a specified time, the court may,
for good cause, extend the time:
(A) with or without motion or notice if the court acts, or if a request is made, before
the original time or its extension expires; or
(B) on motion made after the time has expired if the party failed to act because of
excusable neglect.

FED. R. CIV. P. 6(b)(1). 1

1

LR IA 6-1(a) provided that “[a] motion or stipulation to extend time must state the reasons for
the extension requested and must inform the court of all previous extensions of the subject
deadline the court granted.” Further, a “stipulation or motion seeking to extend the time to file an
opposition or reply to a motion, or to extend the time fixed for hearing a motion, must state in its
opening paragraph the filing date of the subject motion or the date of the subject hearing.” LR IA
6-1(c).

-2-

Case 2:17-cv-02670-MMD-VCF Document 178 Filed 09/29/22 Page 3 of 4

The United States Supreme Court has recognized, “Rule 6(b) gives the court extensive
flexibility to modify the fixed time periods found throughout the rules, whether the enlargement
is sought before or after the actual termination of the allotted time.” 2 Further, this rule is to be
liberally construed to effectuate the general purpose of seeing that cases, and other disputed
issues, are decided on the merits. 3 Regarding “Good cause,” it is a non-rigorous standard that has
been construed broadly across procedural and statutory contexts. 4 Consequently, requests for
extensions of time made before the applicable deadline has passed should “normally ... be granted
in the absence of bad faith on the part of the party seeking relief or prejudice to the adverse
party.” 5
...
...
...
...
...
...
...
...
...
2

Lujan v. Na t’l Wildlife Fed., 497 U.S. 871, 906 n. 7 (1990) (internal quotation marks and citation
omitted) (emphasis added); see also Perez-Denison v. Kaiser Found. Health Plan of the Nw., 868
F. Supp. 2d 1065, 1079 (D. Or. 2012) (citing and quoting Lujan, 497 U.S. at 906).
3

Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9th Cir. 2010).

4

Id. (citing Venegas–Hernandez v. Sonolux Records, 370 F.3d 183, 187 (1st Cir.2004), Thomas
v. Brennan, 961 F.2d 612, 619 (7th Cir.1992), Lolatchy v. Arthur Murray, Inc., 816 F.2d 951, 954
(4th Cir.1987)).

5

Ahanchian, 624 F.3d at 1259 (quoting 4B Charles Alan Wright & Arthur R. Miller, Federal
Practice and Procedure § 1165 (3d ed. 2004)).

-3-

Case 2:17-cv-02670-MMD-VCF Document 178 Filed 09/29/22 Page 4 of 4

...
III.

CONCLUSION
For the foregoing reasons, the Parties request an extension of the Joint Pretrial Order

deadline from September 28, 2022 to October 5, 2022.
DATED this 28th day of September, 2022.

DATED this 28th day of September, 2022.

THE LAW OFFICES OF KRISTINA WILDEVELD
& ASSOCIATES,

OFFICE OF THE ATTORNEY GENERAL

By: /s/ Lisa A. Rasmussen
LISA A. RASMUSSEN, ESQ. (NV Bar 7491)
550 E. Charleston Blvd, Ste. A
Las Vegas, NV 89104
Tel: [phone]
[e-mail]
Attorneys for Plaintiff, Elizabeth Carley

By: /s/ Douglas R. Rands
DOUGLAS R. RANDS (NV Bar 3572)
Senior Deputy Attorney General
100 N. Carson Street
Carson City, NV 89701-4717
Attorneys for Defendants

IT IS SO ORDERED:

UNITED STATES MAGISTRATE JUDGE
DATED:

-4-

9-29-2022