Cordova Carballo et al v. Barr et al

Filing 56

ORDER Granting 54 Stipulation for Extension of Time re 52 Motion to Strike (Third Request). Responses due by 12/2/2020. Replies due by 12/16/2020. Signed by Judge Andrew P. Gordon on 11/19/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:20-cv-01315-APG-BNW Document 56 Filed 11/19/20 Page 1 of 4

1
2
3
4
5
6
7
8
9
10

Jacob B. Lee
Nevada Bar No. 012428
Ashlee B. Hesman
Nevada Bar No. 012740
STRUCK LOVE BOJANOWSKI & ACEDO, PLC
3100 West Ray Road, Suite 300
Chandler, Arizona 85226
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Gina G. Winspear
Nevada Bar No. 005552
DENNETT WINSPEAR, LLP
3301 North Buffalo Drive, Suite 195
Las Vegas, Nevada 89129
Telephone: [phone]
Fax: [phone]
[e-mail]

11
Attorneys for Respondent Brian Koehn
12
13
14
15

Hardeep Sull
SULL AND ASSOCIATES, PLLC
520 South Seventh Street, Suite A
Las Vegas, NV 89101
Telephone: [phone]
Fax: [phone]
[e-mail]

16
Attorney for Petitioners
17
UNITED STATES DISTRICT COURT

18

DISTRICT OF NEVADA

19
20

SANDOR ANIVAL CORDOVA
CARBALLO, et al.,

21
Petitioners,
22

Case No. 2:20-cv-01315-APG-BNW
STIPULATION TO EXTEND DEADLINES
AS TO MOTION TO STRIKE AND
AMENDED COMPLAINT

v.
23

(Third Request)
WILLIAM BARR, et al.,

24
Respondents.
25
26

Pursuant to LR IA 6-1(a) and LR 7-1(a), the parties, through their respective counsel,

27

stipulate and respectfully request that the Court extend the remaining briefing deadlines related to

28

the Federal Defendants’ Motion to Strike Portions of Amended Complaint (Doc. 52) and Plaintiffs’
-1-

Case 2:20-cv-01315-APG-BNW Document 56 Filed 11/19/20 Page 2 of 4

1
2
3
4

Amended Complaint (Doc. 51). This is the parties’ third request to extend the deadlines for
Defendants’ response to the Amended Complaint and the parties’ Stipulated Discovery Plan, and
first request to extend the deadlines related to the Motion to Strike. If granted, the new deadlines
will be as follows:

5

•

Plaintiff’s Response to Motion to Strike: December 2, 2020

6

•

Defendants’ Reply in Support of Motion to Strike: December 16, 2020

7

•

Defendants’ response to Amended Complaint and the parties’ Stipulated Discovery

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Plan: 14 days after ruling on Motion to Strike
On September 30, 2020, the Court granted Defendants’ Motion to Dismiss in part and
dismissed all habeas corpus claims. (Doc. 46.) In that same order, the Court extended Plaintiffs’
deadline to amend the Complaint to October 9, 2020. (Id.)
On October 9, 2020, the parties stipulated to extend the deadline for Plaintiffs to file their
Amended Complaint, for Defendants to file their response to the Amended Complaint, and for the
parties to file their Stipulated Discovery Plan due to Plaintiffs’ counsel’s family health emergency.
(Doc. 47.) The Court granted the Stipulation that same day. (Doc. 48.)
On October 19, 2020, the parties stipulated to extend the deadline for Plaintiffs to file their
Amended Complaint, for Defendants to file their response to the Amended Complaint, and for the
parties to file their Stipulated Discovery Plan again due to Plaintiffs’ counsel’s continued family
health emergency. (Doc. 49.) The Court granted the Stipulation the next day, on October 20, 2020.
(Doc. 50.) As a result of the extension, Plaintiffs’ Amended Complaint was due on or before
November 2, 2020; Defendants’ response to the Complaint and the parties’ Stipulated Discovery
Plan were due on or before November 20, 2020. (Id.)
On November 2, 2020, Plaintiffs filed their Amended Complaint. (Doc. 51.) Two days later,
on November 4, 2020, the Federal Defendants filed a Motion to Strike Portions of Amended
Complaint. (Doc. 52.) Plaintiffs’ response to the Motion to Strike was due on November 18, 2020.
On that date, counsel agreed to seek the instant extensions of the deadlines for Plaintiffs’ response
to the Motion to Strike, Defendants’ reply in support of the Motion to Strike, Defendants’ response

28
-2-

Case 2:20-cv-01315-APG-BNW Document 56 Filed 11/19/20 Page 3 of 4

1
2
3
4
5
6
7

to the Amended Complaint, and the parties’ Stipulated Discovery Plan.
Good cause exists to grant the extensions. First, Plaintiffs’ counsel has continued to need to
dedicate time to her family health emergency. Second, continuing Defendants’ deadline to respond
to the Amended Complaint until after the Court has ruled on the Motion to Strike will conserve the
parties’ and the Court’s resources by eliminating the need for the parties to brief the same issues
twice (e.g., in the Motion to Strike and in a Motion to Dismiss). For these reasons, the parties
respectfully request that the Court extend the deadlines as outlined above.

8
DATED this 18th day of November 2020.
9
STRUCK LOVE BOJANOWSKI & ACEDO, PLC

10

By /s/Jacob B. Lee
Jacob B. Lee
Ashlee B. Hesman
3100 West Ray Road, Suite 300
Chandler, Arizona 85226
[e-mail]
[e-mail]

11
12
13
14

Gina G. Winspear
DENNETT WINSPEAR
3301 North Buffalo Dr., Suite 195
Las Vegas, NV 89129
[e-mail]
Attorneys for Respondent Brian Koehn

15
16
17
18

NICHOLAS A. TRUTANICH
United States Attorney

19
20

By /s/Brianna Smith (with permission)
Brianna Smith
501 Las Vegas Blvd. So., Suite 1100
Las Vegas, Nevada 89101
[e-mail]

21
22
23
24
25

IT IS SO ORDERED.
19th
Dated this ____ day of November, 2020.

26
27
28

___________________________
UNITED STATES DISTRICT COURT
JUDGE

Attorney for Respondents
By /s/Hardeep Sull (with permission)
Hardeep Sull
SULL AND ASSOCIATES, PLLC
520 South Seventh Street, Suite A
Las Vegas, NV 89101
[e-mail]

-3-

Case 2:20-cv-01315-APG-BNW Document 56 Filed 11/19/20 Page 4 of 4

1
2

Attorney for Petitioners
CERTIFICATE OF SERVICE
I hereby certify that on November 18, 2020, I electronically transmitted the attached

3
document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of
4
Electronic Filing to the following CM/ECF registrants:
5
6
7
8
9

Hardeep Sull
SULL AND ASSOCIATES, PLLC
520 South Seventh Street, Suite A
Las Vegas, NV 89101
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Petitioners

10
11
12
13
14
15
16
17

NICHOLAS A. TRUTANICH
United States Attorney
District of Nevada
Brianna Smith
Assistant United States Attorney
501 Las Vegas Blvd. So., Suite 1100
Las Vegas, Nevada 89101
[phone]
[e-mail]
Attorney for Respondents
/s/Jacob B. Lee

18
19
20
21
22
23
24
25
26
27
28
-4-