Picozzi v. State of Nevada et al

Filing 252

ORDER granting 251 Stipulation to Extend the Time for Discovery and Dispositive Motions. Discovery due by 4/14/2025. Motions due by 5/19/2025. Proposed Joint Pretrial Order due by 6/16/2025. Signed by Magistrate Judge Elayna J. Youchah on 8/29/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - MAM)

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AARON D. FORD
Attorney General
VICTORIA C. COREY (Bar No. l 6364)
Deputy Attorney General
State of Nevad a
Office of the Attorney General
I State of Nevada Way, Ste. 100
Las Vegas, Nevad a 89119
[phone] (phone)
[phone] (fax)
Ema il: [e-mail]

Attorneys for Defendants
Alfonso Alvarez, Paul Araujo, Jason Arrey,
Jay Barth, Grego1y B1ya11, Jaymie Cabrera,
Marie Cervas, Dante Fc11ny, Javier Garcia,
Robin Hennequin, William K11l11loia, Dontril Livingston,
Malynda Lowery, Dcmyele Madsen, Rio Manalang,
Francis Maka, Jennifer Nash, Ronald Oliver,
Dean Ontiveros, Nicholas Parson, Georges Pele-Taina,
Tawyna Peny, Kristi Roberson, Renan Saintpreux,
James Scally, Ernesto Torres, Marc Trotter,
Michael Val, Rodolfo Valle, and Julie Williams

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:22-cv-01011-ART-EJY

MARK PICOZZI,
Plaintiff,
V.

STATE OF NEVADA, et al.,

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Defendants.

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STIPULATION AND PROPOSED ORDER
TO EXTEND THE TIME FOR
DISCOVERY AND DISPOSITIVE
MOTIONS
[FIRST REQUEST]

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Plaintiff Mark Picozzi, and Defendants, by and through counsel, Aaron D. Ford, Nevada Attorney

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General, and Victoria C. Corey, Deputy Attorney General, of the State of Nevada, Office of the Attorney

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General, hereby stipulate and agree t o extend the time for d iscovery and dispositive motions. There is

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good cause for this Court to grant an extension in this case. LR 26-3. This is the parties' first stipulated

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request to extend deadlines.

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

BACKGROUND AND RELEVANT PROCEDURAL HISTORY

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On April 15, 2024, this Court issued an order regar d ing discovery and dispositive moti on

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deadlines. ECF No. 213. Since then, the parties have been participating actively in the discovery process.

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To that extent, Plaintiff has requested vari ous and numerous emails from multiple Defendants. This

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request produced th ousands of pages, which undersigned counsel has to go thr ough herself, to re dact as

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necessary to prevent disclosing sensitive information pertaining to other inmates, or information that

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would otherwise be a safety and security concern to the institution, the public, or offenders. The parties

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have discussed this and are in agreement that this will take time to do. Additionally, undersigned counsel

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will be periodically out of office over the next few months for medical purp oses. Furthermore, Plaintiff

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requires additional time to schedule and take depositions of some Defendants, as well as propound

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discovery upon Defendant Jacques Graham. The parties have been in constant communication regarding

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this, and have stipulated to an extension for discovery and dispositive motions, to allow undersigned

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counsel enough time to review all shift logs and red act information as necessary, as well as allow

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undersigned counsel leniency for the medical leave that will have to be taken over the next few months.

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II.

STATEMENT OF GOOD CAUSE

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To demonstrate good cause, the parties must show "that, even in the exercise of due diligence,

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[the parties were] unable to meet the timetable set forth in the order." Cruz v. City of A11ahei111,

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CV1003997MMMJEMX, 2011 WL 13214312, at *2 (C.D. Cal. Dec. 19, 2011) (citing Zivkovic v.

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South em Califomia Edison Co., 302 F.3d l 080, l 087 (9th Cir. 2002); Jo/111.1·011 v. Ma 111111oth Recreatio11s,

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J1 1c., 975 F.2d 604, 609 (9th Cir. 1992)). Prejudice to the opposing party is a factor in determining good

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cause, though lack of prejudice is "not a prerequisite." Id.

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The parties in this matter are working diligently and cohesively with each other to exchange all

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relevant information pe1taining to this matter. As undersigned counsel herself, has to go thr ough all of

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the results that yielded from Plaintiffs request for shift logs and redact sensitive information, additi onal

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time is needed. Additionally, undersigned c ounsel will periodically be out of office over the next few

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months for medical purposes, and will require add itional time t o complete all discovery requests in this

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matter. Furthermore, Plaintiff is planning to conduct d epositions in this matter, as well as send discovery

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requests to Defendant Jacques Graham. The parties continue to have great communication, and agree that

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an extension of one-hundred and eighty (180) days is necessary to finish discovery in this matter.

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III.

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PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY AND
FILING OF DISPOSITIVE MOTIONS
The Parties propose the following schedule for completion of all remaining discovery and the

filing of any dispositive motions:

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The deadline for completion of discove1y will be extended to April 14, 2025.

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The deadline for amendment of pleadings will be extended to January 13, 2025.

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The deadline for expert disclosures will be extended to February 11, 2025, and the

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disclosures of rebuttal experts will be extended to March 16, 2025.

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The deadline to file any dispositive motions will be extended to May 19, 2025.

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The deadline to file a Joint Pre-Trial order will be extended until June 16, 2025, or, if

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dispositive motions are filed, until thitty (30) days after the entty of any order on the

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dispositive motions.

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IV.

CONCLUSION
Based on the foregoing, good cause exists, and the parties respectfully request that this Court

extend the deadlines as outlined above.

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DATED this 26th day of August, 2024.

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AARON D. FORD
Attorney General

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Isl Victoria C. Corey
VICTORIA C. COREY (Bar No. 16364)
Deputy Attorney General
Attorneys.for Defendants

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DATED this;27 day of August, 2024.

MARK PICOZZI #1163673

Plaint[U; Pro Se
ORDER
IT IS SO ORDERED.
______________________________________
UNITED STATES MAGISTRATE JUDGE
Date: August 29, 2024

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