Miller v. United States of America

Filing 83

ORDERED the Parties' stipulation ) for extension of Plaintiff's time to file a Third Amended Complaint (ECF No. 82 is approved and Plaintiff John Miller shall have up to and including September 14. 2021, to file his Third Amended Complaint. Signed by Chief Judge Miranda M. Du on 7/15/2021. (Copies have been distributed pursuant to the NEF - DRM)

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Scott W. Souers, Esq., NSB#l 3405
ALUNG & JILLSON, LTD.
Post Office Box 3390
Lake Tahoe NV 89449-3390
Ph. [phone] • Fx. [phone]
[e-mail]
Attorneys for Plaintiff

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IN UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEV ADA

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Plaiotiff(s),

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Case No.: 3: I 7-CV-00121-MMD-WGC

JOHN MILLER,

VS.

UNITED STATES OF AMERICA, and
DOES l-25

STIPULATION AND [PROPOSED) ORDER
FOR EXTENSION OF TIME TO FILE
THIRD AMENDED COMPLAINT
(SECOND REQUEST)
(EXPEDITED REVIEW REQUESTED)

Defendant(s).

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COME NOW Plaintiff, John Miller, and Defendant, United States of America, and hereby stipulat

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and agree that Plaintiff may have a sixty (60) day extension to file his Third Amended Complainl

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Plaintiff's Third Amended Complaint filing deadline is July 16, 2021. The parties stipulate that extensio1

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is needed because the parties are currently involved in settlement discussions which may obviate the nee-

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to file the Third Amended Complaint. The stipulated extension would give Plaintiff up to and includin.

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September 14, 2021, to file his Third Amended Complaint.

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Under the circumstances, good cause exists for an extension of time to allow Plaintiff ani

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Defendant to continue their settlement discussions to possibly resolve the case without Plaintiff filing

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Third Amended Complaint. See Fed R.Civ. P. 6(b)(l)(A) ("When an act may or must be done within

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specified time, the court mayJor good cause, extend the time...with or without motion or notice of motio

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if the court acts, or if a request is made, before the original time or its extension expires[.]") (Emphasi

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added).

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This is PJaintiff's second request for an extension of time to file his Third Amended Complaint. Se

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LR IA 6-1 (a). Plaintiff avers that this extension request is made in good faith and not for the purpose o
Pa~e I of2

STJPULATION AND [PROPOSED] ORDER FOR EXT NSION OF TIME TO FILE THIRD AMENDED COMPLAINT

delay. (Id. 1 I0).
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Respectfully submitted,

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Dated: July 13, 2021

Dated: July 13, 2021

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ALLING & JILLSON, LTD.

CHRISTOPHER CHlOU
Acting United States Altomey

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By:

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f¼f/4..A. / / ~
~-VANCE.Esq.

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Assistant Unite<l Slates Attorney
Attorney for the United States of America

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ORDER

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IS

IT IS HER EBY ORDERED the Parties' stipulation for extension of Plaintiff's time to file a Third

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Amended Complaint is approved and Plaintiff John Miller shall have up to and including September 14.

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2021, to file his Third Amended Complaint.

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DATED: 7/15/2021
U.S. DlSTRICT JUDGE

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Pj!;c 2 of 2
S1'1POl,A'l'ION AND [PlloroSEO) OIWEll rnn EXT NSJON Of' TIMt TO Fii.t THIRD AMENDED COMPLAINT