Leal v. Nevada Department of Corrections et al

Filing 62

ORDER Granting 59 Stipulation to Modify/Amend Scheduling Order. Discovery due by 9/20/2023. Motions due by 10/20/2023. Proposed Joint Pretrial Order due by 11/22/2023. Signed by Magistrate Judge Cam Ferenbach on 5/19/2023. (Copies have been distributed pursuant to the NEF - AMMi)

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Martin L. Novillo
Assistant Federal Public Defender
Virginia Bar No. 76997
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Jack Leal

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U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

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Jack Leal,

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Plaintiff,
v.
Nevada Department of Corrections, et al.,

Case No. 2:21-cv-01965-GMN-VCF
STIPULATION AND [PROPOSED
ORDER] TO MODIFY/AMEND
SCHEDULING ORDER

Defendants.

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Pursuant to FRCP 16(b)(4), LR 26-3, the parties stipulate and agree to
modify/extend the Scheduling Order (ECF No. 52) and respectfully request that the
Court approve their proposed schedule set forth herein to extend all deadlines for a
period of thirty (30) days. This is the first stipulation for the extension of these
deadlines.1 This request is submitted at least twenty-one (21) days or more before

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Counsel for Plaintiff sought two prior extensions in the past, which were
unopposed. See ECF Nos. 48, 51.
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the close of discovery (August 21, 2023), is made in good faith, and is supported by

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good cause.

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STATEMENT OF FACTS IN SUPPORT OF STIPULATION

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Mr. Leal initiated the current matter by filing a Complaint on or about

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October 25, 2021. ECF No. 1. This Court appointed counsel for Mr. Leal on January

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30, 2023. ECF No. 45. Undersigned counsel, Martin L. Novillo, entered his

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appearance on February 16, 2023. ECF No. 47.

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On November 18, 2022, Defendants answered the Amended Complaint. ECF

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No. 40. On November 21, 2022, the Court entered a Scheduling Order, which set

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February 16, 2023, as the deadline for filing an Amended Complaint, and May 22,

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2023, as the deadline for completing discovery. ECF No. 41. Mr. Leal filed a new

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motion for appointment of counsel, which this Court granted on January 30, 2023.

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ECF Nos. 44, 45. Undersigned counsel entered his appearance on February 16, 2023.

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ECF No. 47. On that same date, counsel filed an Unopposed Motion for Revised

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Scheduling Order, which sought to extend all deadlines in the above-referenced

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Scheduling Order by sixty (60) days. ECF No. 48. This Court granted counsel’s

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motion on February 17, 2023. ECF No. 49. On April 17, 2023, counsel filed a Second

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Unopposed Motion for Revised Scheduling Order, which sought to extend all

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deadlines in the above-referenced Scheduling Order by thirty (30) days. ECF No. 51.

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This Court granted counsel’s motion on April 24, 2023. ECF No. 52.

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On May 17, 2023, undersigned counsel Anna I. Heshmati, filed a Notice of

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Change of Deputy Attorney General notifying the Court that she was substituting

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Deputy Attorney General Taylor M. L. Rivich and assuming responsibility for

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representing the interests of the Defendants. ECF No. 58.

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Counsel have agreed to stipulate to an extension of thirty (30) days to all

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deadlines in the revised scheduling order so as to allow counsel for Defendants to

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familiarize herself with the case. The extension is also being requested so as to
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permit the Federal Public Defender to finalize formulating inter-office procedures

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for handling 1983 cases and setting up logistical support in the office.2

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Therefore, the parties stipulate to extend the deadlines in the scheduling
order as follows:

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

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Discovery: that discovery in this action be completed on or before
September 20, 2023;

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

Pleadings that may be brought under Fed. R. Civ. P. 13 & 14, or joining

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additional parties under Fed. R. Civ. P. 19 & 20: that they be filed and

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served not later than June 16, 2023;

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

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Amendments to pleadings as provided for under Fed. R. Civ. P. 15: that
they be filed and served no later than June 16, 2023;

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

Expert disclosures: that they be made on or before July 18, 2023, and

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that disclosures of rebuttal experts be made on or before August 17,

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2023;

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

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Dispositive Motions: that they be filed and served no later than October
20, 2023;

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

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Joint Pretrial Order: that it be due on November 22, 2023.

If dispositive motions are filed,
the deadline for filing the joint
pretrial order will be suspended
until 30 days after
decision on the dispositive
motions or further court order.

CONCLUSION

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Based on the foregoing and for good cause appearing, the Parties respectfully

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request that the Court approve their Stipulation and request for a thirty (30) day

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extension of the discovery and other deadlines.

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As noted in Plaintiff’s last motion for revised scheduling order, Mr. Leal’s
case comprised the first case assignment involving a 1983 action received by an
attorney to the non-capital habeas unit at the Federal Public Defender. More
appointments have since followed. In response to those appointments, the unit has
set out to formulate inter-office procedures for handling 1983 cases. The unit has
likewise set out to secure and allocate the necessary resources and staff support.
Finally, the unit is in the process of conducting various training programs to enable
undersigned and other counsel to handle 1983 actions in an effective manner.
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Dated May 17, 2023.

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Aaron D. Ford
Attorney General

Rene L. Valladares
Federal Public Defender

/s/ Anna I. Heshmati
Anna I. Heshmati
Deputy Attorney General

/s/ Martin L. Novillo
Martin L. Novillo
Assistant Federal Public Defender

Attorney for Defendants

Attorney for Plaintiff

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IT ISISSOSO
ORDERED.
IT
ORDERED:

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______________________________
Cam Ferenbach
___________________________
United States Magistrate Judge

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United States
District Judge
5-19-2023

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DATED ________________________

Dated: ____________________

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