Fernandez v. Baker et al

Filing 436

ORDER granting ECF No. 433 Stipulation to Extend Deadline to File Stipulation and Order of Dismissal with Prejudice (Final Request). Signed by Judge Miranda M. Du on 10/29/2018. (Copies have been distributed pursuant to the NEF - LH)

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ADAM PAUL LAXALT
Attorney General
ERIN L. ALBRIGHT, Bar No. 9953
Deputy Attorney General
State of Nevada
Bureau of Litigation
Public Safety Division
100 N. Carson St.
Carson City, NV 89701-4717
Tel: [phone]
E-Mail: [e-mail]
Attorneys for Defendants Renee Baker,
Arthur Boynton, Corey Cooke, James Cox,
Michael Crossman, Marina Crounk, Seth Davis,
Scott Evers, Charles Fillman, Michael Fletcher,
Tyler Hathaway, Leslie Healer, Danny Holland,
Bert Jackson, Michael Koehn, Steven Kimbrell,
Brent LaBeau, Thomas Lamb, E.K. McDaniels,
Javier Ornelas, Jeanette Ornelas, Taylor Paryga,
Glenn Perkins, Christopher Roberts, Christian Rowley,
Duane Thompson, Tom Tolbert, and Sommer Westbay

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN FERNANDEZ,
Plaintiff,

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Case No.: 3:14-cv-00578-MMD-VPC
STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
STIPULATION AND ORDER OF
DISMISSAL WITH PREJUDICE
(FINAL REQUEST)

v.
JAMES GREG COX, et al.,
Defendants.

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Defendants, Renee Baker, Arthur Boynton, Corey Cooke, James Cox, Michael Crossman,

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Marina Crounk, Seth Davis, Scott Evers, Charles Fillman, Michael Fletcher, Tyler Hathaway, Leslie

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Healer, Danny Holland, Bert Jackson, Michael Koehn, Steven Kimbrell, Brent LaBeau, Thomas Lamb,

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E.K. McDaniel, Javier Ornelas, Jeanette Ornelas, Taylor Paryga, Glenn Perkins, Christopher Roberts,

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Christian Rowley, Duane Thompson, Tom Tolbert, and Sommer Westbay, (“NDOC Defendants”), by

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and through its counsel of record, Adam Paul Laxalt, Attorney General of the State of Nevada, and Erin

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L. Albright, Deputy Attorney General, and Plaintiff, Kevin Fernandez, by and through his counsel of

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record, Joseph Reiff, Esq., hereby stipulate to extend the time to file the Stipulation and Order of

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Dismissal with Prejudice by four (4) weeks.
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On September 18, 2018, defense counsel provided plaintiff’s counsel with the revised settlement

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agreement that reflected the majority of the changes requested by Plaintiff. On the same date, plaintiff’s

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counsel provided the settlement agreement to the New Hampshire prison for delivery to Plaintiff.

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On October 29, 2018, defense counsel received Plaintiff’s requested changes to the revised

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settlement. Since the settlement documents must be filed today and the parties will not have time to

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discuss and finalize the requested changes, the parties respectfully request this Court grant one final

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extension of four (4) weeks to file the Stipulation and Order of Dismissal.

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Based on the foregoing, the parties respectfully request this Court extend the time to file the
Stipulation and Order of Dismissal with Prejudice by four (4) weeks.

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DATED this 29th day of October, 2018.

DATED this 29th day of October, 2018.

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PLAINTIFF, KEVIN FERNANDEZ

OFFICE OF THE ATTORNEY GENERAL

By: /s/ Joseph Reiff
Joseph Reiff, Esq.
Representing, Plaintiff, Kevin Fernandez

By: ___________________________
Erin L. Albright, SBN 9953
100 N. Carson Street
Carson City, NV 89701
[phone]
[e-mail]
Attorneys for Defendants

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IT IS SO ORDERED

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U.S. DISTRICT JUDGE

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October 29, 2018
DATED_______________________

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CERTIFICATE OF SERVICE

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I certify I am an employee of the Office of the Attorney General, State of Nevada, and that on

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this 29th day of October, 2018, I caused to be deposited for mailing a copy of the foregoing

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STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE STIPULATION AND

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ORDER OF DISMISSAL WITH PREJUDICE (FINAL REQUEST), addressed as follows:

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Kevin Fernandez #110185
New Hampshire State Prison
P.O. Box 14
Concord, NH 03302

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Joseph P. Reiff
Attorney at Law
3001 E. Charleston, Suite A
Las Vegas, NV 89104
[e-mail]

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An employee of the
Office of the Attorney General

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