Dittmar v. City of North Las Vegas

Filing 82

ORDER Granting 76 Stipulation for Extension of Time. Signed by Magistrate Judge Brenda Weksler on 1/6/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-02916-JAD-BNW Document 76 Filed 12/30/20 Page 1 of 4
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MELANIE A. HILL, ESQ.
Nevada Bar No. 8796
MELANIE HILL LAW PLLC
520 S. 7th Street, Suite A
Las Vegas, NV 89101
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff Pamela Dittmar

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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PAMELA DITTMAR,

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Plaintiff,
v.
CITY OF NORTH LAS VEGAS, a municipal
corporation,

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Case No. 2:17-cv-02916-JAD-BNW
STIPULATION TO EXTEND
DEADLINE TO RESPOND TO
EMERGENCY MOTION FOR
PROTECTIVE ORDER [ECF. No. 72]
(Second Request)

Defendant.

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NOW COMES the Plaintiff, Pamela Dittmar, by and through her attorneys, Melanie A.

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Hill and Melanie Hill Law PLLC, and Defendant City of North Las Vegas, by and

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through its attorneys, R. Todd Creer and Kamer Zucker Abbott, who hereby stipulate that Plaintiff

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may have an extension of time from the current deadline of December 30, 2020 at 11:59pm, within

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which to respond to all of the Defendant’s Emergency Motion for Protective Order [ECF No. 72].

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This Stipulation is made at the request of Plaintiff’s counsel for the reasons set forth herein and this

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is the second request for an extension of the deadline to respond to the Emergency Motion.

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In support of this Stipulation and Order, the parties state as follows:

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1.

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Plaintiff was served with the Emergency Motion for Protective Order [ECF No. 72]

on December 28, 2020 and the Court entered an Order that same day ordering Plaintiff respond to

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STIPULATION TO EXTEND DEADLINE TO RESPOND TO EMERGENCY MOTION FOR PROTECTIVE ORDER

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the Emergency Motion by 5:00pm on December 30, 2020. The court’s minute order stated that no

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reply is allowed and set a hearing on the Emergency Motion for Wednesday, January 6, 2021.
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On December 30, 2020 Plaintiff requested, and the Court granted, Plaintiff’s request

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by stipulation and order for an extension from the court’s deadline of 5:00pm on December 30, 2020

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until 11:59pm on December 30, 2020 [ECF Nos. 74 and 75].
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While Ms. Hill, counsel for Plaintiff Ms. Dtttmar, was attempting to prepare the

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physical stipulation pleading with the language that counsel for Defendant had approved for filing,

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she was unable to edit the word document because her Office 365 subscription expired and the

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product code she previously purchased for Office 2019, and was attempting to input into Microsoft,

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was giving her an error code. The error code stated that it was previously redeemed even though

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Ms. Hill had not yet used the product code. Ms. Hill tried logging into and inputting the product

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code into both of her Microsoft accounts to no avail and wasted a significant amount of time she

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needed to complete the response, declaration, and exhibits dealing with this technical issue.
4.

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So as not to miss the deadline to file the stipulation before the 5:00pm deadline

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because the standard of review changes to excusable neglect after the expiration of the deadline, Ms.

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Hill finally just signed up for a free trial of Office 365, completed the stipulation pleading, and filed

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it within minutes of the 5:00pm deadline. The Court granted the stipulation and entered an order

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extending the deadline in less just over 30 minutes after it was filed, so Ms. Hill did not have time to

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attempt to speak to Mr. Creer to see if he would agree to extend the deadline to the following day

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due to the technical issue and file an amended stipulation before it was expeditiously granted by the

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Court.

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5.

Thereafter, Ms. Hill worked diligently to try to complete the response, her detailed

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declaration, and exhibits of emails by the 11:59pm deadline, but even with her diligence will miss

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the new deadline by a mere hours due to the drafting of the motion for extension and second

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stipulation after Mr. Creer agreed to so stipulate and so that she can compile her detailed declaration

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and exhibits lying out the procedural history of the depositions and Covid-19 cancellations in this

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case with supporting emails.

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STIPULATION TO EXTEND DEADLINE TO RESPOND TO EMERGENCY MOTION FOR PROTECTIVE ORDER

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When counsel realized that she may need a few more hours, she reached out to Mr.

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Creer by email at 8:54pm to request a stipulation until the following day informing him that she

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would likely need a few additional hours and requesting to extend her deadline until tomorrow,

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December 31, 2020. Ms. Hill did not expect a response because it was late into the evening and after

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business hours. However, Ms. Hill reached out for the agreement from Mr. Creer so that she could

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file her timely motion tonight and then file a stipulation the following day. This would allow Ms.

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Hill to withdraw the motion and file a stipulation for the Court’s signature to avoid the necessity of

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the court having to adjudicate the motion if it is unopposed.
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As soon as Ms. Hill completed the drafting of her motion for an extension because

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she did not expect Mr. Creer to respond tonight, prior to the expiration of the current deadline of

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11:59pm on December 30, 2020, Ms. Creer responded to Ms. Hill that he would agree to the

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additional extension at 10:39pm. Ms. Hill then converted the motion into this stipulation and

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emailed it to Mr. Creer for his approval to e-sign and e-file.
8.

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For good cause shown, as a result of this technical issue with Office 365 and inability

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to attempt to file an amended stipulation before it was granted by the Court, the parties have

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stipulated to extend Plaintiff’s deadline to file her response to the Emergency Motion one additional

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day up to and including December 31, 2020. This additional extension will not delay the

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adjudication of this discovery dispute because Defendant is not allowed to file a reply and the

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hearing is not until next Wednesday, January 6, 2021.
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This stipulation and request are being brought in good faith and are not sought for any

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improper purpose or other purpose of delay, but to allow counsel for the Plaintiff additional time

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to respond to the Emergency Motion due to this technical issue up to and including December 31,

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2020.

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STIPULATION TO EXTEND DEADLINE TO RESPOND TO EMERGENCY MOTION FOR PROTECTIVE ORDER

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WHEREFORE, Plaintiff respectfully requests by this motion that the Court extend

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the deadline for Plaintiff to respond to Defendant’s Emergency Motion for Protective Order [ECF

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No. 72] up to and including December 31, 2020.
DATED this 30th day of December, 2020.

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MELANIE HILL LAW PLLC
By:

KAMER ZUCKER ABBOTT

/s/ Melanie A. Hill
By:
Melanie A. Hill, Esq. (NV Bar No. 8796)
520 S. 7th Street, Suite A
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff Pamela Dittmar

/s/ R. Todd Creer
R. Todd Creer (NV Bar No. 10016)
Kaitlin H. Paxton (NV Bar No. 13625)
3000 West Charleston Blvd., Suite 3
Las Vegas, Nevada 89102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant City of NLV

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ORDER IS SO ORDERED.
IT
IT IS SO ORDERED
____________________________________
January 06, 2021
DATED: 12:38 pm, BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

Dated: _____________________
BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO EXTEND DEADLINE TO RESPOND TO EMERGENCY MOTION FOR PROTECTIVE ORDER