Lex Tecnica Ltd v. Clark County School District

Filing 15

ORDER Granting #14 Stipulation for Extension of Time. Consistent with and based upon the above stipulation, IT IS HEREBY ORDERED that (i) the Plaintiff shall have until October 30, 2024, to file its Response to Defendant's Motion to Dismiss First Amended Complaint [ECF No. #13 ] and (ii) the Parties shall have until the earlier of November 27, 2024, or thirty (30) days after the Court renders its decision on Defendant's Motion to Dismiss First Amended Complaint, to file a Discovery Plan/Scheduling Order. Responses due by 10/30/2024. Discovery Plan/Scheduling Order due by 11/27/2024. Signed by Judge Gloria M. Navarro on 10/23/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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LEX TECNICA, LTD.

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Erven T. Nelson
Nevada Bar No. 2332
10161 Park Run Drive
Suite 150
Las Vegas, Nevada 89145
Office: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LEX TECNICA, LLC, a Nevada limited
liability company,

Case No.: 2:24-cv-01656-GMN-BNW

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Plaintiff,
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vs.
CLARK COUTY SCHOOL DISTRICT,

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Defendant.
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STIPULATION AND ORDER
[PROPOSED] FOR EXTENSION OF
DEADLINES TO (i) RESPOND TO
MOTION TO DISMISS FIRST
AMENDED COMPLAINT AND (ii) FILE
DISCOVERY PLAN/SCHEDULING
ORDER

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(First Request)

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Plaintiff Lex Tecnica, LLC (“Plaintiff”),

and Defendant Clark County School District

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(“Defendant”) hereby submit this Stipulation and Order [Proposed] for Extension of Deadlines to (i)

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Respond to Motion to Dismiss First Amended Complaint and (ii) file a Discovery Plan/Scheduling

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Order, and request this Court to enter an order effectuating the same as follows:

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The deadline for Plaintiff to file its Response to Defendant’s pending Motion to Dismiss First

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Amended Complaint [ECF NO. 13] (the “Motion to Dismiss”) is October 23, 2024. Erven Nelson,

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counsel for Plaintiff, has been ill since October 16, 2024, and has requested an extension of one week,

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through October 30, 2024, to prepare and file Plaintiff’s response. Geraldine Castillo, counsel for

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Defendant, has graciously agreed to Mr. Nelson’s request and has in turn requested that Mr. Nelson

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stipulate to extend the deadline for the parties to file a discovery plan/scheduling order until the Motion
to Dismiss has been fully briefed and decided by this Court, to which Mr. Nelson has agreed. The

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parties are not requesting these stipulated extensions to deadlines in order to delay the proceedings, and

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this is the first request for any extensions.

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Through counsel, the parties are pursuing settlement negotiations and have agreed that

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extending the deadline to file the discovery plan/scheduling order until the Motion to Dismiss has been

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decided would promote judicial economy and reasonable attorney’s fees. Discovery has not yet begun

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in this case and would not be necessary if this Court were to grant the Motion to Dismiss or instruct

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the parties to meet with a settlement judge or arbitrator on the very narrow issue in this case: the
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reasonable amount of attorney’s fees, if any, to be paid by the Defendant to the Plaintiff arising from

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Plaintiff’s representation of a student in the Clark County School District in a due process matter in an

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administrative matter.

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I.

A. Extension to respond to Motion to Dismiss. Plaintiff seeks the extension to respond to

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REASONS FOR EXTENSIONS OF TIME

the Defendant’s Motion to Dismiss because Plaintiff’s counsel has been ill since Wednesday, October
16, 2024, with joint pain, headaches and nausea which rendered him unable to prepare and file an

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appropriate response, as set forth in the attached Declaration of Erven T. Nelson. (Defendant and its
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counsel do not attest to the statements in Mr. Nelson’s Declaration.) Plaintiff requests that the deadline

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to file a Response to the Motion to Dismiss be extended through October 30, 2024, and Defendant so

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stipulates.

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B. Extension to file Discovery Plan. Through counsel, the parties are pursuing settlement

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negotiations and have agreed that extending the deadline to file the discovery plan until either (i) they

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can reach a settlement or (ii) the Motion to Dismiss has been decided, would promote judicial economy

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and reasonable attorney’s fees. Discovery has not yet begun in this case and would not be necessary if

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the parties could reach a settlement or if this Court were to grant the Motion to Dismiss or instruct the

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parties to meet with a settlement judge or arbitrator on the very narrow issue in this case: the reasonable

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amount of attorney’s fees, if any, to be paid by the Defendant to the Plaintiff regarding to an
administrative claim which Plaintiff handled for a student in the Clark County School District.
II. PROPOSED SCHEDULE FOR FILING A DISCOVERY PLAN
The parties request an extension of the deadline to file a Discovery Plan/Scheduling Order until
the earlier of (i) thirty (30) days from the current deadline or (ii) thirty days from the Court rendering

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a decision on the Motion to Dismiss. The current deadline to file a Discovery Plan is October 28, 2024,
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and the next weekday 30 days thereafter would be November 27, 2024.

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IT IS SO STIPULATED.

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LEX TECNICA, LLC

CLARK COUNTY SCHOOL DISTRICT

_/s/ Erven T. Nelson__
Erven T. Nelson
Nevada Bar No. 2332
10956 Viaje Avenue
Las Vegas, NV 89135
Tel.: [phone]
Email: [e-mail]
Attorneys for Plaintiff

_/s/ Geraldine Castillo_________
Geraldine Castillo, Esq.
Nevada Bar No. 15023
5100 West Sahara Ave.
Las Vegas, NV 89146
Tel.: [phone]
Email: [e-mail]
Attorneys for Defendant

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ORDER

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Consistent with and based upon the above stipulation, IT IS HEREBY ORDERED that (i) the
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Plaintiff shall have until October 30, 2024, to file its Response to Defendant’s Motion to Dismiss First

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Amended Complaint [ECF No. 13] and (ii) the Parties shall have until the earlier of November 27,

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2024, or thirty (30) days after the Court renders its decision on Defendant’s Motion to Dismiss First

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Amended Complaint, to file a Discovery Plan/Scheduling Order.

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IT IS SO ORDERED.

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GLORIA M. NAVARRO
UNITED STATES DISTRICT JUDGE

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October 23 2024
DATED: _______________,

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DECLARATION OF ERVEN T. NELSON IN SUPPORT OF STIPULATION AND ORDER
[PROPOSED] FOR EXTENSION OF DEADLINES TO (i) RESPOND TO MOTION TO
DISMISS FIRST AMENDED COMPLAINT AND (ii) FILE DISCOVERY
PLAN/SCHEDULING ORDER
Pursuant to 28 U.S.C. section 1746, I, Erven T. Nelson, hereby declare as

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follows:
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I am a resident of Clark County, Nevada and over 18 years of age. I make this

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declaration based upon my own personal knowledge except as to those matters stated upon

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information and belief, and as to those matters, I believe them to be true.

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2. I am counsel for Plaintiff Lex Tecnica, LLC, and I make this Declaration in
support of the Stipulation and Order [Proposed] for Extension of Deadlines to (i) Respond to Motion
to Dismiss First Amended Complaint and (ii) File Discovery Plan/Scheduling Order filed concurrently

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herewith.
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3. On Wednesday, October 16, 2024, and I became ill from an attack of gout in my knee and

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ingesting the prescribed medication for it, Indomethacin. As a result of the Indomethacin, I sustained
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fatigue, light headedness, a headache and nausea, all of which rendered me incapable of working, in

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general, and specifically of preparing an appropriate response to Defendant’s Motion to Dismiss

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First Amended Complaint [ECF No. 13] (the “Motion to Dismiss”).

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I took the last dose of Indomethacin on Sunday, October 20, 2024, and it is now out of

my system enough to allow me to work.

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5.

Lex Tecnica’s Response to Defendant’s Motion to Dismiss is due tomorrow, October

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23, 2024. I called Defendant’s counsel’s office to request an extension of one week to file the

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Response, and Geraldine Castillo, Esq., was gracious in agreeing to such an extension through a

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stipulation and order. At her request, I have in turn agreed to an extension of the deadline to file a

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Discovery Plan/Scheduling Order until the earlier of (a) November 27, 2024, or (b) thirty days after

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the Court has rendered its decision of the Motion to Dismiss.

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6. Ms. Castillo and I discussed settlement today and will continue those discussions.

57. The extensions that are requested in the attached Stipulation and Order [Proposed] are not being
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pursued to delay proceedings in this case but (a) to accommodate me in light of my recent illness and
(b) to allow the parties to continue settlement discussions and, if they are not successful, to foster

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judicial economy and lower attorney’s fees by waiting for the Court’s decision on the Motion to
Dismiss.

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I declare under pain of perjury that the foregoing is true and correct.

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Executed on October 22, 2024.

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_/s/ Erven T. Nelson_______________

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ERVEN T. NELSON