McIntosh v. City of North Las Vegas et al

Filing 69

ORDER granting ECF No. 68 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 12/1/2023. Signed by Magistrate Judge Elayna J. Youchah on 11/13/2023. (Copies have been distributed pursuant to the NEF - GA)

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JAMES P. KEMP, ESQ.
Nevada Bar No.: 6375
KEMP & KEMP
7435 W. Azure Drive, Suite 110
Las Vegas, NV 89130
702-258-1183 ph./702-258-6983 fax
Attorneys for Plaintiff Donavan McIntosh

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DONAVAN McINTOSH,

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Case No. 2:21-cv-01505-APG-EJY
Plaintiff,

vs.

STIPULATION AND ORDER TO
EXTEND DEADLINE FOR JOINT PRETRIAL ORDER

CITY OF NORTH LAS VEGAS, a Municipal
Corporation and political subdivision of the
State of Nevada; PAMELA OJEDA in her
official and/or individual capacities; CLINTON [SECOND REQUEST]
RYAN in his official and/or individual
capacities; ALEJANDRO RODRIGUEZ in his
official and/or individual capacities; DOES I-X,
Defendants.

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Plaintiff Donavan McIntosh (“Plaintiff’) and Defendants City of North Las Vegas

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(“CNLV”), Pamela Ojeda (“Chief Ojeda”), Clinton Ryan (“Asst. Chief Ryan”), and Alejandro

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Rodriguez (“Lt. Rodriguez,” and collectively, “Defendants”), by and through their undersigned

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counsel, hereby file this Stipulation and Order to Extend Deadline for Joint Pre-Trial Order (First

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Request). This is the second request to extend this deadline. The parties stipulate that the

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current deadline of November 13, 2023 (November 10 was a holiday) should be extended to

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Friday, December 1, 2023 and informs the court as follows:

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1. The current deadline was established by the first request of the parties approved by
the court on September 25, 2023.

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2. During the interim period CNLV litigated a Motion to Strike the Amended Complaint
and the court denied that motion on October 2, 2023. [ECF No. 66]
3. Thereafter, CNLV filed an Answer to the Amended Complaint on October 20, 2023.
[ECF No. 67]
4. During the period of October 26 through November 3 Plaintiff’s counsel was
attending a 40 hour Mediation Certificate CLE training program through Quinnipiac
University School of Law and traveled to Connecticut for the in-class portion of the
training. Plaintiff’s counsel was in Connecticut from November 1 through November
6 because after the training program ended Plaintiff’s counsel’s son came to
Connecticut and Plaintiff’s counsel attended the law school’s open house with his son
on November 4 and a tour and discussion of admissions and financial aid with law
school staff as Plaintiff’s son is applying to law schools this fall.
5. Further, in the interim Plaintiff’s counsel was out of town for the Nevada Justice
Association CLE convention in San Diego from October 4-6, 2023.
6. Further Plaintiff’s counsel had out of state depositions in Orange County, California
on October 9, 2023.
7. Further Plaintiff’s counsel has had multiple mediations/settlement conferences, other
depositions, multiple administrative workers’ compensation and unemployment
hearings, and briefing due in an arbitration case.
8. Plaintiff’s counsel is focusing on the Joint Pre-Trial Order this week and will have a
first draft of the document to Defense counsel by no later than close of business on
November 14, 2023. Given the upcoming Thanksgiving Holiday (Plaintiff’s counsel
is traveling out of the country beginning November 17, 2023) the parties are
requesting the new deadline be the Friday after the holiday week, which is December
1, 2023 as this should be sufficient time to finalize the Joint Pre-Trial Order.
9. The requested extension is sought in good faith and not for purposes of undue delay.

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IT IS STIPULATED AND AGREED that the parties shall file the Joint Pre-Trial Order no
later than December 1, 2023.
IT IS SO STIPULATED.

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Dated this 13th day of November 2023

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KEMP & KEMP

HONE LAW

/s/ James P. Kemp
James P. Kemp, NV Bar No. 6375
[e-mail]
7435 W. Azure Drive, Suite 110
Las Vegas, NV 89130

/s/ Jill Garcia
Jill Garcia, NV Bar No. 7805
[e-mail]
701 N. Green Valley Parkway, Suite 200
Henderson, NV 89074

Attorney for Plaintiff

Attorneys for Defendants

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ORDER

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IT IS SO ORDERED.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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Dated:

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November 13, 2023

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