Davis v. The State of Nevada et al

Filing 63

ORDER granting 62 Stipulation for Revised Scheduling Order. Discovery due by 4/29/2025. Motions due by 5/29/2025. Proposed Joint Pretrial Order due by 6/30/2025. Signed by Magistrate Judge Daniel J. Albregts on 1/2/2025. (Copies have been distributed pursuant to the NEF - MAM)

1
2
3
4
5
6
7
8
9
10

Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Ryan Norwood
Assistant Federal Public Defender
New Hampshire Bar #15604
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Amelia Bizzaro
Assistant Federal Public Defender
Wisconsin State Bar No. 1045709
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorneys for Petitioner James Davis

11

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

12
13

James Anthony Davis,

14

Plaintiff,

15
16
17

v.
Michael Minev, et al.,

Case No. 2:22-cv-01796-RFB-DJA
Fourth Stipulation for Revised
Scheduling Order

Defendants.

18
19
20

Pursuant to FRCP 16(b)(4) and Local Rule 26-2, the parties stipulate and agree

21

to modify/extend the Scheduling Order (ECF No. 61) and respectfully request the

22

Court approve the proposed schedule, set forth herein. This is the fourth stipulation

23

for the extension of these deadlines. This request is submitted at least twenty-one

24

(21) days or more before the close of discovery (February 28, 2025) is made in good

25

faith, and is supported by good cause.

26

STATEMENT OF FACTS IN SUPPORT OF STIPULATION

1
2

On May 8, 2024, the Court approved the parties’ stipulation for a discovery

3

schedule. Shortly thereafter, Plaintiff’s counsel diligently began discovery, making

4

an initial disclosure and serving a request for production (RFP) on May 17, 2024 for

5

a number of documents from NDOC, including Mr. Davis’s medical records.

6

As previously noted, the discovery production is this case is particularly large,

7

so far encompassing over 3,000 pages of documents. Plaintiff’s counsel, after agreeing

8

to an extension of the production deadline sought by Defendants, did not receive an

9

initial disclosure until June 21, and received subsequent disclosures on July 1, July

10

11, and August 1. Plaintiff’s counsel has required significant time to organize and

11

review these records, so that he can determine what other discovery is needed to fully

12

develop the claims in this case.

13

Since the prior extensions were sought, counsel have proceeded with discovery.

14

Plaintiff’s counsel conducted a Rule 30(b)(6) deposition on November 15, 2024.

15

Plaintiff’s counsel has recently noticed a deposition of Defendant Symour Omandac.

16

Counsel’s preparations have been complicated by the fact that Mr. Davis has recently

17

been brought back to the High Desert State Prison because of an alleged parole

18

violation, which has complicated attorney-client communications and raises

19

additional concerns about his medical care, which the parties expect to confer about

20

soon. Plaintiff’s counsel has also been busy in preparations for a trial in Johnson v.

21

Barrett, 2:17-cv-02304-RFB-BNW, which is scheduled to commence on January 21,

22

2025.

23
24
25

Having conferred, the parties agree that more time is needed to conduct
discovery and ask for a sixty (60) day extension of the current deadlines.
?

The parties may engage in discovery until April, 29, 2025;

26

2

1

?

Expert disclosures must be made on or before February 28, 2025, and

2

disclosures of rebuttal experts must be made on or before March 31,

3

2025.

4

?

5
6

Dispositive Motions: that they be filed and served no later than May 29,
2025;

?

Joint Pretrial Order: that it be due on June 30, 2025. If dispositive

7

motions are filed, the deadline for filing the joint pretrial order will be

8

suspended until 30 days after decision on the dispositive motions or

9

further court order.

10

CONCLUSION

11

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

12

request that the Court approve their Stipulation and alter the discovery deadlines as

13

set forth above.

14

Dated December 31, 2024

15
16
17

Aaron D. Ford
Attorney General

Rene L. Valladares
Federal Public Defender

18

/s/ Kyle L. Hill

/s/ Ryan Norwood

19

Kyle L. Hill
Deputy Attorney General

Ryan Norwood
Assistant Federal Public Defender

20
21
IT IS SO ORDERED:

22
23
24

______________________________
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

25
26

Dated: ________________________
DATED: 1/2/2025
3