Carley v. Gentry et al

Filing 185

ORDER granting 184 Stipulation to Continue Trial Date. Motions in Limine due by 11/6/2023. Calendar Call set for 11/27/2023 at 01:00 PM in LV Chambers - Telephonic before Chief Judge Miranda M. Du. Exhibit List due by 11/28/2023. Proposed Jury Instructions due by 11/28/2023. Jury Trial set for 12/5/2023 at 09:00 AM in Courtroom to be determined before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 7/19/2023. (Copies have been distributed pursuant to the NEF - CT)

Case 2:17-cv-02670-MMD-VCF Document 185 Filed 07/19/23 Page 1 of 3
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AARON D. FORD
Attorney General
Douglas R. Rands (Bar No. 3572)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 East Washington Avenue
Suite 3900
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
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
LISA A. RASMUSSEN, Esq.
Law Offices of Kristina Wildeveld & Associates
550 East Charleston Blvd.
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
Email: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ELIZABETH CARLEY,

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Plaintiff,

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v.

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JO GENTRY, et al.,

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Case No. 2:17-cv-02670-MMD-VCF
STIPULATION TO CONTINUE
TRIAL DATE
(First Request)

Defendants.

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Plaintiff Elizabeth Carley, by and through counsel, Lisa. A. Rasmussen, and

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Defendants, Sheryl Foster, Patrick Vejar, Jo Gentry, James Dzurenda, Charles Daniels,

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Gabriela Najera, Tanya Hill, Dwight Neven, Cynthia Ruiz, and Kim Thomas, by and

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through counsel, Aaron D. Ford, Nevada Attorney General, and Douglas R. Rands, Senior

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Deputy Attorney General, of the State of Nevada, Office of the Attorney General, hereby

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submit this Stipulation to Continue the trial date in this matter to the Court’s December

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5, 2023 trial stack based upon the following:

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Case 2:17-cv-02670-MMD-VCF Document 185 Filed 07/19/23 Page 2 of 3
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1.

Counsel for Ms. Carley had a federal criminal trial scheduled to start on July

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10, 2023. United States v. Litwin, 2:11-cr-347 KJD. At the request of the government, that

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trial has been moved to September 11, 2023. The trial is a retrial of a case that took four

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months to try in 2017 and the first trial included 39 witnesses. While the retrial will be

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pared down, it is still anticipated that it will last several weeks and it is likely to include

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at least 30 witnesses for the retrial. Preparation for this trial is a substantial undertaking

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for Ms. Rasmussen.

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2.

This case is scheduled for the August 22, 2023 stack, a three week stack.

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Further, this trial is anticipated to last five days. The uncertainty of knowing when this

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trial will actually commence makes it difficult for Ms. Rasmussen because the stack bumps

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into the Litwin trial. Preparation for the Litwin trial is difficult and requires substantial

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coordination of witnesses and experts and will undoubtedly involve last minute issues that

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Ms. Rasmussen cannot address if she is in trial in this case bumping up to the trial in the

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Litwin case.

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3.

For these reasons, Plaintiff requests that this trial be continued to another

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stack. Ms. Carley is out of custody and currently living in Texas. She is not opposed to

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continuing this trial to another stack.

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4.

Additionally, Counsel for the Defendants has three additional trials on the

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August stacks, two of which are likely to proceed to trial. Due to the preparation for these

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trials, it would be difficult to go into this trial as currently calendared.

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