Voll v. United States of America et al

Filing 18

ORDER granting 17 Stipulation Re: 12 , 13 Motions to Dismiss. Responses due by 12/14/2022. Replies due by 1/23/2023. Signed by Judge James C. Mahan on 11/18/2022. (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:22-cv-00610-JCM-BNW Document 17 Filed 11/18/22 Page 1 of 3 1 2 3 4 5 6 MELANIE A. HILL Nevada Bar No. 8796 MELANIE HILL LAW PLLC 1925 Village Center Circle, Suite 150 Las Vegas, Nevada 89134 Tel: (702) 362-8500 Fax: (702) 362-8505 Melanie@MelanieHillLaw.com Attorneys for Plaintiff Paul Jeffrey Voll 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 PAUL JEFFREY VOLL, an individual, 12 13 14 15 16 17 CASE NO.: 2:22-cv-00610-JCM-BNW Plaintiff, vs. UNITED STATES OF AMERICA, DAVID N. KARPEL, individually, DOES 1 through 100; and ROES 1 through 100; inclusive, STIPULATION TO EXTEND DEADLINE TO RESPOND TO USA AND KARPEL’S MOTIONS TO DISMISS [ECF NOS. 12 AND 13] (Third Request) Defendants. 18 NOW COME the Plaintiff, PAUL JEFFREY VOLL (“Plaintiff”), by and through his 19 attorneys, Melanie A. Hill and Melanie Hill Law PLLC, and the Defendants, UNITED STATES OF 20 AMERICA and DAVID N. KARPEL, by and through their attorney Jacob A. Bennett, who hereby 21 stipulate that the deadlines for Plaintiff to respond to Defendant USA and Karpel’s Motions to 22 Dismiss [ECF Nos. 12 and 13] and Defendant USA and Karpel’s deadlines to reply to Plaintiff’s 23 responsive filing be extended pursuant to Local Rule IA 6-1. 24 This is the parties’ third request for an extension of deadlines. The parties originally filed a 25 stipulation [ECF No. 10] that extended Defendant United States’ response deadline to align with 26 Defendant Karpel’s. That stipulation would have also extended Plaintiff’s deadline to respond to the 27 instant Motions to Dismiss. However, the Court only granted Defendants’ extension to respond to 28 Melanie Hill Law PLLC 1925 Village Center Circle Suite 150 Las Vegas, Nevada 89134 (702) 362-8500 1 of 3 Case 2:22-cv-00610-JCM-BNW Document 17 Filed 11/18/22 Page 2 of 3 1 the Complaint and denied the request to extend the briefing schedule without prejudice. See Order 2 [ECF No. 11]. The Court then instructed the parties to file a separate stipulation extending Plaintiff’s 3 deadline to respond to Defendants’ Motions to Dismiss to be heard by the District Judge. Id. That 4 stipulation was filed and granted. In support of this Stipulation and request, the parties state as 5 follows: 6 7 8 9 10 1. Defendant USA and Karpel filed their Motions to Dismiss on October 7, 2022 [ECF Nos. 12 and 13]. 2. Pursuant to the Order granting the stipulation, Plaintiff’s deadline to respond to the Motions to Dismiss is November 18, 2022. 3. Prior to filing the second stipulation request, counsel for the Plaintiff and counsel 11 for the government in the local U.S. Attorneys’ office have conferred to attempt to resolve counsel 12 for Plaintiffs request to be added to the Protective Order in place in the underlying criminal case so 13 that Plaintiff may share the criminal discovery with undersigned counsel. The discovery is necessary 14 to further plead the complaint in this case in response to arguments made in the currently pending 15 motions. 16 4. These counsel determined that a motion will be necessary to allow undersigned 17 counsel for Plaintiff to be added to the protective order in the underlying criminal case so that 18 discovery may be reviewed by counsel for Plaintiff and used to further plead the complaint in this 19 case. It is also undersigned counsel’s understanding that the United States has no objection to 20 Plaintiff’s counsel being added to the protective order upon further motion and order of this court. 21 5. To allow this motion to be filed and allow counsel to review the underlying criminal 22 discovery for purposes of prosecuting this civil case and further respond to the pending Motions to 23 Dismiss, the parties have stipulated to extend Plaintiff’s response deadline to December 14, 2022. 24 The parties have further stipulated to allow Defendants USA and Karpel until January 23, 2023 to 25 file their responses to Plaintiff’s filing. 26 6. After filing the second stipulation, Plaintiff’s counsel was delayed in filing the 27 motion to be added to the protective order because she and her entire family were ill and she had to 28 take off work to care for herself and her young child. This additional request is to allow Plaintiff to Melanie Hill Law PLLC 1925 Village Center Circle Suite 150 Las Vegas, Nevada 89134 (702) 362-8500 2 of 3 Case 2:22-cv-00610-JCM-BNW Document 17 Filed 11/18/22 Page 3 of 3 1 file the motion to be added to the protective order and obtain and review the criminal discovery to 2 allow Plaintiffs to adequately respond to the Motions to Dismiss. This Request for an extension of 3 time is not sought for any improper purpose or other purpose of delay. Rather, it is sought by the 4 parties solely to allow sufficient time to allow Plaintiffs’ counsel to be added to the protective Order 5 in the underlying criminal case, review the criminal discovery, and respond to the USA and Karpel’s 6 Motions to Dismiss. 7 8 9 WHEREFORE, the parties respectfully request that the Court extend the deadlines as stipulated to herein. DATED this 18th day of November, 2022. DATED this 18th day of November, 2022. BRIAN M. BOYNTON Acting Assistant Attorney General Civil Division MELANIE HILL LAW PLLC 10 11 12 13 14 15 16 17 18 19 20 21 22 /s/ Melanie A. Hill MELANIE A. HILL 1925 Village Center Circle, Suite 150 Las Vegas, NV 89134 Telephone: (702) 362-8500 Fax: (702) 362-8505 Melanie@MelanieHillLaw.com Attorneys for Plaintiff Paul Jeffrey Voll C. SALVATORE D’ALESSIO, JR. Director Torts Branch, Civil Division ANDREA W. MCCARTHY Acting Assistant Director Torts Branch, Civil Division /s Jacob A Bennett JACOB A. BENNETT Trial Attorney Torts Branch, Civil Division Constitutional and Specialized Tort Litigation P.O. Box 7146, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 451-7745 Jacob.A.Bennett@usdoj.gov Attorneys for Defendants the United States and David Karpel 23 24 25 26 27 IT IS SO ORDERED. November 18, 2022 DATE UNITED STATES DISTRICT JUDGE 28 Melanie Hill Law PLLC 1925 Village Center Circle Suite 150 Las Vegas, Nevada 89134 (702) 362-8500 3 of 3

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