Larry M. Wisenbaker VS Craig Farwell, et al.

Filing 74

ORDER APPROVING 73 parties' Stipulation for an extension of time in which to file their proposed Joint Pretrial Order by 11/16/2009. Signed by Judge Larry R. Hicks on 10/26/09. (Copies have been distributed pursuant to the NEF - SL)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Brian R. Morris, Esq. Nevada Bar No. 5431 59 Damonte Ranch Parkway, B-221 Reno, Nevada 89521 (775) 323-2800 (775) 323-2234 (Fax) Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LARRY M. WISENBAKER, Plaintiff, vs. CRAIG FARWELL, et al., Defendants. ) ) ) Case No. 3:03-cv-500- LRH-VPC ) ) ) ) ) ) ) STIPULATION TO EXTEND TIME TO FILE JOINT PRETRIAL ORDER AND st Request) (Fir ORDER The parties by and through undersigned counsel hereby agree, stipulate and request this Court to ender an Order continuing the date the Joint Pretrial Order is due. A Settlement Conference was held in this case on Tuesday October 6th. The Pretrial Order was set and is currently due on Friday October 30th (a state holiday for defense counsel). Both Plaintiff and Defendants counsel find that completing the Pretrial Order by the current due date extraordinarily difficult given their schedules. Following the settlement conference, Plaintiff's counsel prepared for and traveled to the Bay Area for Oral Argument before the Ninth Circuit for the morning of Friday October 9th (case no. 3:08-cv-585). In addition to other work, Plaintiff's counsel then prepared for and participated in two days of depositions in Las Vegas (Thursday and Friday October 15th and 16th, case no. 3:08-cv-635) which did not include traveling time. Plaintiff's counsel then dedicated the beginning of this week to preparing the Pretrial Order, but given the time it is taking and next week's schedule Plaintiff's counsel already knows it is extraordinarily difficult to finish. In addition to the Pretrial Order, other work and events have fallen during this time frame. On Monday October 26th, Plaintiff's counsel has court in Winnemucca for a case involving the Indian Child Welfare Act. On 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tuesday October 27th, a full day of depositions are again going to occur in case no. 3:08-cv-635. On Wednesday October 28th, a deadline to file a dispositive motion (which is currently being prepared) in case no. 3:08-cv-667 is due. On October 29th, Plaintiff's counsel has a criminal hearing, and on Monday November 2nd, an Opposition to a motion for summary judgment in case no. 3:08-cv-667 is due. Likewise Defendants counsel has and had a full schedule that includes the following. Defense counsel was sick with the flu on October 16th and 17th, had filing dates on October 16th, 19th and 20th, taught at POST on the 21st, has a mediation conference on the 27th, and motion hearings on the 28th and 29th. For the above reasons, it is requested that the parties be given until Monday November 16th to file the Joint Pretrial Order in this matter.1 RESPECTFULLY SUBMITTED this 22nd day of October, 2009. By: /s/ Susan E. Lee, Esq. Attorney for Defendants By: Brian Morris, Esq. Attorney for Plaintiff IT IS SO ORDERED. LARRUNITHICKS Y R. ED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT JUDGE DATED: October 26, 2009. Dated: _________________________ 1 Monday November 16th was chosen since Plaintiff's counsel also has a dispositive motion hearing on Friday November 13th in case no. 3:08-cv-529. 2

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