Miller v. Nye County et al

Filing 47

ORDER Granting 46 Stipulation for extension of Time. Motions due by 3/2/2021. Signed by Magistrate Judge Daniel J. Albregts on 2/16/2021. (Copies have been distributed pursuant to the NEF - JQC)

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Case 2:19-cv-00601-JAD-DJA Document 46 Filed 02/12/21 Page 1 of 3 47 02/16/21 1 2 3 4 5 6 7 8 9 10 11 12 Margaret A. McLetchie, Nevada Bar No. 10931 Alina M. Shell, Nevada Bar No. 11711 MCLETCHIE LAW 701 East Bridger Ave., Suite 520 Las Vegas, NV 89101 Telephone: (702) 728-5300 Facsimile: (702) 425-8220 Email: maggie@nvlitigation.com Email: alina@nvlitigation.com Jennifer L. Braster, Nevada Bar No. 9982 Andrew J. Sharples, Nevada Bar No. 12866 NAYLOR & BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 Telephone: (702) 420-7000 Facsimile: (702) 420-7001 Email: jbraster@nblawnv.com Email: asharples@nblawnv.com Attorneys for Plaintiff Gary Miller 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 18 19 20 21 22 23 GARY MILLER, an individual, vs. Plaintiff, NYE COUNTY, Nevada, a political subdivision of the State of Nevada and doing business as the Nye County Sheriff’s Office and Nye County Animal Control; and DEPUTY JOHN TOLLE, individually and in his official capacity as a Nye County Police Officer; Case. No.: 2:19-cv-00601-JAD-DJA STIPULATION AND ORDER TO EXTEND DISPOSITIVE MOTION DEADLINE (SECOND REQUEST) Complaint filed: April 9, 2019 FAC filed: September 25, 2019 Defendants. 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 Pursuant to LR IA 6-1, Plaintiff, Gary Miller and Defendants, Nye County and Deputy John Tolle, by and through their respective counsel of record, submit this Stipulation and Order to Extend Dispositive Motion Deadline. The parties respectfully request the dispositive motion deadline be extended by two (2) weeks. Case 2:19-cv-00601-JAD-DJA Document 46 Filed 02/12/21 Page 2 of 3 47 02/16/21 1 Currently the dispositive motion deadline is February 16, 2021. (ECF No. 45). The parties 2 respectfully request the dispositive motion deadline be extended until March 2, 2021. Similarly, 3 the parties hereby request that the last day to file a Joint Pretrial Order shall be extended for two 4 (2) weeks or until April 1, 2021. In the event dispositive motions are filed, the date for filing the 5 Joint Pretrial Order shall be suspended until thirty (30) days after decision on the dispositive 6 motions or upon further Order by the Court extending the time period in which to file the Joint 7 Pretrial Order. 8 9 10 11 12 The parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested extension. Due to extenuating circumstances, including several court-ordered deadlines, Plaintiff’s counsel respectfully requested a 2-week extension, and Defendant’s counsel agreed. Further, the parties believe that dispositive motions may resolve issues related in the case, such as the same will not be required to proceed to a jury and will conserve judicial resources. 13 This extension request is made in good faith, jointly by the parties, and not for the purposes 14 of delay. Trial in this matter has not yet been set. Moreover, since this request is a joint request, 15 neither party will be prejudiced. 16 This Request for an extension of time is not sought for any improper purpose or other 17 purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient 18 time to prepare dispositive motions in this case and adequately prepare their respective cases for 19 trial to the extent the dispositive motions do not resolve all of the claims. 20 This is the second request for extension of the dispositive motion deadline in this matter. 21 The parties respectfully submit that the reasons set forth above constitute compelling reasons for 22 the extension. 23 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 2 of 3 Case 2:19-cv-00601-JAD-DJA Document 46 Filed 02/12/21 Page 3 of 3 47 02/16/21 1 WHEREFORE, the parties respectfully request that this Court extend the deadline to file 2 dispositive motions in the above-captioned case two (2) weeks, up to and including March 2, 2021 3 and the other dates as outlined in accordance with the table above. 4 NAYLOR & BRASTER MARQUIS AURBACH COFFING By: /s/ Jennifer L. Braster Jennifer L. Braster, NV Bar No. 9982 Andrew J. Sharples, NV Bar No. 12866 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 By: /s/ James A. Beckstrom Craig R. Anderson, NV Bar No. 6882 James A. Beckstrom, NV Bar No. 14032 10001 Park Run Drive Las Vegas, Nevada 89145 5 6 7 8 9 10 11 12 Margaret A. McLetchie, NV Bar No.10931 Alina M. Shell, NV Bar No. 11711 MCLETCHIE LAW 701 East Bridger Avenue, Suite 520 Las Vegas, NV 89101 Attorneys for Plaintiff Gary Miller 13 14 Attorneys for Defendants Nye County and Deputy John Tolle ORDER IT IS SO ORDERED. 15 16 DATED this 16th day of February, 2021. Dated this ___ day of February 2021. 17 ____________________________________ 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 NAYLOR & BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 3 of 3

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