Gulli v. Pierce et al

Filing 40

ORDER granting 39 Stipulation to Extend Deadline to File Status Report. Status Report due by 5/31/2024. Signed by District Judge Anne R. Traum on 5/2/2024. (Copies have been distributed pursuant to the NEF - MAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
Nicholas Gulli,
Plaintiff,
v.
United States of America,
Defendant.

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Case No. 2:20-cv-01231-ART-NJK

ORDER GRANTING
Stipulation to Extend Deadline to File
Status Report
(First Request)

The parties, by and through their respective counsel of record, stipulate and request
that the Court extend the filing of a new status report by thirty (30) days, until May 31,
2024. This is the first request to extend this deadline. Additional time is sought based on
the following:
1.

On July 1, 2020, Plaintiff filed his Complaint (ECF No. 1).

2.

On November 12, 2020, Plaintiff filed his First Amended Complaint (ECF

No. 12).
3.

On November 19, 2020, the United States filed its Answer (ECF No. 13).

4.

On October 18, 2021, the United States moved to dismiss under Fed. R. Civ.

P. 12(b)(1) arguing that the Court lacked subject matter jurisdiction over Plaintiff’s Federal
Tort Claims Act (“FTCA”) lawsuit (ECF No. 24). The United States also moved to stay
further discovery (ECF No. 25).
5.

The Court heard arguments on the United States’ motion to dismiss on

September 30, 2022. See ECF Nos. 33–35.

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6.

After hearing arguments, the Court denied the United States’ motion without

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prejudice, but directed Plaintiff to file his claim under the Federal Employees’

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Compensation Act (“FECA”). The Court further ordered Plaintiff to file a status report

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within 30 days of receiving disposition of his FECA claim. The Court also provided that if

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the FECA claim was not resolved within six months, the partiers were to provide a status

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update. The Court continued the stay of discovery until further notice (ECF No. 35).

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7.

On March 30, 2023, the parties provided a joint status report outlining where

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things stood with Plaintiff’s FECA claim (ECF No. 36). At that time, the FECA claim

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remained pending with the United States Department of Labor (“DOL”).

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8.

37). At that time, the FECA claim remained pending with DOL.

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The parties provided a second joint status report on July 3, 2023 (ECF No.

9.

On April 1, 2024, the Court ordered the parties to file a new status report by

May 1, 2024 (ECF No. 38).

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10.

After receipt of the April 1, 2024 Order, counsel for the United States sent an

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email to Plaintiff’s counsel of record to discuss providing a joint status report in accordance

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with the Court’s order.

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11.

The email bounced back as the attorney who represented Plaintiff earlier in

the litigation is no longer with the GGRM law firm.

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12.

Counsel for the United States called the firm to get in touch with an attorney

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at GGRM who was handling this case. Counsel for the United States was put in touch with

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Mr. King who has taken over the file.

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13.

Mr. King and GGRM was unaware of the Court’s April 1, 2024 Order prior

to counsel for the United States’ communications.

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14.

Due to circumstances beyond his control, including taking on the workload of

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several attorneys who have left the GGRM law firm, Mr. King has not yet had sufficient

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time to review the file for this case.

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Accordingly, the parties request a 30-day extension, until May 31, 2024, to allow

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Plaintiff’s counsel to review the file, get up to speed with the case, and work with counsel

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for the United States to file a joint status report that will assist the Court.

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DATED this 29th day of April 2024.

DATED this 29th day of April 2024.

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GREENMAN GOLDBERG RABY &
MARTINEZ

JASON M. FRIERSON
UNITED STATES ATTORNEY

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By:_/s/ Kevin King
_____
Kevin King
2770 S. Maryland Pkwy, Ste. 100
Las Vegas, NV 89109
Attorney for Plaintiff

By:__/s/Skyler Pearson_________________
Skyler Pearson, Esq.
501 S. Las Vegas Boulevard, Suite 1100
Las Vegas, Nevada 89118
Attorney for the United States

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IT IS SO ORDERED:
DATED this 2nd day of May, 2024.

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__________________________________________
ANNE R. TRAUM
UNITED STATES JUDGE

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