Mitchell et al v. Nye County, Nevada et al

Filing 65

ORDER Granting 63 Stipulation for Extension of Time. Discovery Plan/Scheduling Order due by 12/11/2020. Signed by Magistrate Judge Cam Ferenbach on 10/15/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:20-cv-00086-APG-VCF Document 65 Filed 10/15/20 Page 1 of 3

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SAO
Arlette P Newvine, Esq.
Nevada Bar No. 14613
Newvine Law, LLC
2360 E Commercial Drive
Pahrump, Nevada 89048
Telephone: [phone]
[e-mail]
Attorney for Plaintiffs
The undersigned does hereby affirm that this
document does not contain the social security
number of any person.

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KARL MITCHELL, an individual and
KAYLA MITCHELL, an individual,

Case No: 2:20-cv-00086-APG-VCF
STIPULATION AND ORDER TO
EXTEND TIME TO FILE DISCOVERY
PLAN

Plaintiffs,
vs.
NYE COUNTY, NEVADA, a political
subdivision of the State of Nevada, HARRY
WILLIAMS, in his individual and official
capacity as an employee of Nye County,
SUSAN RYHAL, in her individual and
official capacity as an employee of Nye
County, SHARON WEHRLY, in her
individual and official capacity as an employee
of Nye County, ZUZANA KUKOL, an
individual and Nye County Agent capacity,
SCOTT SHOEMAKER, an individual and
Nye County Agent capacity, DOES 1-10,
Defendants.

COMES NOW, Plaintiffs by and through their counsel, Arlette P. Newvine, Esq., of
Newvine Law, LLC and Nye County Defendants, by and through its counsel, Brent L. Ryman,
Esq. and of Erickson, Thorpe and Swainston, Ltd., to request an extension to file a stipulated
Discovery Plan and Scheduling Order up to an including December 11, 2020 in order to allow
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Case 2:20-cv-00086-APG-VCF Document 65 Filed 10/15/20 Page 2 of 3

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the new party Defendants to file a Responsive Pleading and participate in the drafting of a

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Discovery Plan and Scheduling Order. This Court ordered a new Discovery Plan and Scheduling

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Order be filed on or before October 15, 2020 (ECM No. 55). However, because the new parties

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Defendants waived service, their responsive pleading is not due until December 4, 2020,

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pursuant to FRCP 4(d)(3). Furthermore, Plaintiff’s counsel has reached out to counsel for the

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new Defendants, however, he is out of the office until October 19, 2020. Therefore, allowing an

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extension in the discovery schedule will allow Defendant’s time to make their first appearance,

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and allow Counsel for the parties to take the new answer into consideration when collaborating

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on and drafting a new Discovery Plan and Scheduling Order. Finally, Defendants reserve the

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right, and expect, to file a timely motion to strike Plaintiffs’ First Amended Complaint as a

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fugitive document filed without leave of court and outside the timeline allowed by this Court’s

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Order allowing leave to amend. Nonetheless, all parties agree a revised discovery plan and

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scheduling order will be necessary and request until December 11, 2020, to file their joint

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proposed plan with the Court. Notwithstanding,

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Case 2:20-cv-00086-APG-VCF Document 65 Filed 10/15/20 Page 3 of 3

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IT IS HEREBY STIPULATED by and between Plaintiffs by and through their counsel,

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Arlette P. Newvine, Esq., of Newvine Law, LLC and Defendants, by and through its counsel,

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Brent L. Ryman, Esq. and of Erickson, Thorpe and Swainston, Ltd., that the Parties be granted

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an extension to file a stipulated Discovery Plan up to an including December 11, 2020 to allow

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the new party Defendant’s to file a Responsive Pleading and participate in the drafting of a Joint

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Discovery Plan.

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Executed on this 14 day of October, 2020.

Executed on this 14 day of October, 2020.

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NEWVINE LAW, LLC

ERICKSON, THORPE & SWAINSTON, LTD

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/s/Arlette P Newvine
Arlette P Newinve, Esq (#14613)
Attorney for Plaintiffs

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/s/ Brent L Ryman
Brent L Ryman, Esq (#008648)
Attorney for Nye County Defendant

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ORDER

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IT IS SO ORDERED, the parties shall file a new Discovery Plan and Scheduling Order
on or before December 11, 2020.

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10-15-2020
DATED:______________

______________________________
UNITED STATES MAGISTRATE
JUDGE

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