Fernandez v. Baca et al

Filing 36

ORDER granting ECF No. 35 Stipulation to Extend (Second Final Request): The deadline to file the Stipulation and Order of Dismissal with Prejudice is 12/3/2018. Signed by Magistrate Judge William G. Cobb on 11/27/2018. (Copies have been distributed pursuant to the NEF - LH)

Download PDF
Case 3:16-cv-00350-RCJ-WGC Document 35 Filed 11/26/18 Page 1 of 3 6 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: 775-684-1257 E-Mail: ealbright@ag.nv.gov 7 Attorneys for Defendants 1 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 KEVIN FERNANDEZ, Plaintiff, 11 STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE (SECOND FINAL REQUEST) v. 12 13 Case No.: 3:16-cv-00350-RCJ-WGC ISIDRO BACA, et al., Defendants. 14 15 Defendants by and through its counsel of record, Adam Paul Laxalt, Attorney General of the 16 State of Nevada, and Erin L. Albright, Deputy Attorney General, and Plaintiff, Kevin Fernandez, by 17 and through his counsel of record, Joseph Reiff, Esq., hereby stipulate to extend the time to file the 18 Stipulation and Order of Dismissal with Prejudice by one week. On September 18, 2018, defense counsel provided plaintiff’s counsel with the revised settlement 19 20 agreement that reflected the majority of the changes requested by Plaintiff. 21 plaintiff’s counsel provided the settlement agreement to the New Hampshire prison for delivery to 22 Plaintiff. On October 29, 2018, defense counsel received Plaintiff’s requested changes to the revised 23 24 On the same date, settlement. 25 In early November 2018, the parties scheduled a conference call to finalize the terms of the 26 settlement agreement. On November 13, 2018, the parties held a conference call and finalized the 27 terms of the agreement. During this phone call, Plaintiff was advised that defense counsel would not 28 /// 1 Case 3:16-cv-00350-RCJ-WGC Document 35 Filed 11/26/18 Page 2 of 3 1 return to the office until November 26, 2018. After the phone call, the revised agreement was 2 promptly provided to Plaintiff. 3 4 On November 20, 2018, while defense counsel was out of the office, Plaintiff sent an email requesting additional changes to the settlement agreement. 5 On November 26, 2018, defense counsel reviewed Plaintiff’s requested changes defense counsel 6 and Plaintiff’s counsel have scheduled to discuss the revisions as some but not all of the revisions can 7 be made. Since the requested revisions are minor, the parties believe no more than a week is required 8 to execute the settlement documents. 9 Since the settlement documents must be filed today and the parties will not have time to discuss 10 and finalize the requested changes, the parties respectfully request this Court extend the deadline to file 11 the Stipulation and Order of Dismissal to December 3, 2018. 12 13 DATED this 26th day of November, 2018. DATED this 26th day of November, 2018. 14 PLAINTIFF, KEVIN FERNANDEZ OFFICE OF THE ATTORNEY GENERAL By: _/s/ Joseph Reiff________________ Joseph Reiff, Esq. Representing, Plaintiff, Kevin Fernandez By: _/s/ Erin L. Albright___________ Erin L. Albright, Bar No. 9953 100 N. Carson Street Carson City, NV 89701 (775) 684-1257 ealbright@ag.nv.gov Attorneys for Defendants 15 16 17 18 19 20 21 22 IT IS SO ORDERED. 23 DATED this _____ day of _____________, 2018. DATED: November 27, 2018. 24 25 26 ___________________________________________ ___________________________________ DISTRICT STATES MAGISTRATE JUDGE UNITED JUDGE 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?