Stewart v. Aranas, et al.

Filing 74

ORDER granting ECF No. 73 Stipulation. Defendants have until July 15, 2020 to respond to the Motion to Vacate (ECF No. 71 ). Signed by Chief Judge Miranda M. Du on 7/6/2020. (Copies have been distributed pursuant to the NEF - AB)

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AARON D. FORD
Attorney General
FRANK A. TODDRE II (Bar No. 11474)
Senior Deputy Attorney General
Office of the Attorney General
555 E. Washington Avenue, Ste. 3900
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendants
Romeo Aranas, James Cox,
Francisco Sanchez and Brian Williams

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 3:17-cv-00132-MMD-CLB

LEWIS WILLIAM STEWART,

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Plaintiff,

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vs.

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ROMEO ARANAS, et al.,

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STIPULATION AND ORDER TO
ENLARGE TIME FOR THE
DEFENDANTS TO RESPOND TO
PLAINTIFF’S MOTION TO VACATE
(ECF No. 71)
[First Request for Enlargement]

Defendants.

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Defendants, Romeo Aranas, James Cox, Francisco Sanchez, and Brian Williams

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(NDOC Employees), (collectively, the “NDOC”) by and through counsel, Aaron D. Ford,

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Nevada Attorney General, and Frank A. Toddre II, Senior Deputy Attorney General, and

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Plaintiff, Lewis William Stewart, by and through counsel, Andre Lagmarsino, Esq., hereby

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stipulate to enlarge the time for Defendants to respond to Plaintiff’s Motion to Vacate the

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Stay Pending Appeal (ECF No. 71) fourteen (14) days from July 1, 2020 until July 15, 2020.

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The Defendants filed an interlocutory Notice of Appeal (ECF No. 66) pursuant to

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FED. R. APP. P. 3 & 4 and 28 U.S.C. § 1291, and Mitchell v. Forsyth.1 Specifically, the

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Defendants appealed the District Court’s denial qualified immunity in denying the

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motion for summary judgment on or about April 2, 2020.

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472 U.S. 511, 526–27 (1985).
See generally Knox v. Southwest Airlines, 124 F.3d 1103, 1107 (9th Cir. 1997)
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This Court administratively closed Case No. 3:17-cv-00132-MMD-CLB pending

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appeal. (ECF No. 69).
Counsel Andre Lagomarsino, Esq. appeared on behalf of Plaintiff Stewart on May

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19, 2020. (ECF No. 70).
Plaintiff filed his Motion to Vacate the Stay Pending Appel the same day. (ECF No.

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71).
Chief Judge Du issued a Minute Order requiring any response to Plaintiff’s motion
to vacate be due on July 1, 2020.
The parties have a voluntary mediation conference set in the Ninth Circuit, Case
No. 20-15586, set for Monday, June 29, 2020.
In lieu of the preparation required for said conference, the parties agreed to an
enlargement of time to respond.
Accordingly, the parties agree to enlarge the time for NDOC to respond to

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Plaintiff’s Motion to Vacate the Stay from July 1, 2020, until July 15, 2020.

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DATED this 30th day of June, 2020

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LAGOMARSINO LAW

DATED this 30th day of June, 2020.
AARON D. FORD
Attorney General

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By: /s/ Andre Lagomarsino_________ By: /s/ Frank A. Toddre
Andre Lagomarsino (Bar No. 6711)
Frank A. Toddre II (Bar No. 11474)
3005 W. Horizon Ridge Pkwy, #241
Senior Deputy Attorney General
Henderson, NV 89052
555 E. Washington Ave. Ste. 3900
[phone]
Las Vegas NV, 89101
[e-mail]
[phone]
Attorneys for Plaintiff
[e-mail]
Lewis William Stewart
Attorneys for Defendants
Romeo Aranas, James Cox, Francisco Sanchez
And Brian Williams

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(“[W]e have jurisdiction over an interlocutory appeal from the denial of qualified
immunity where the appeal focuses on whether the defendants violated a clearly
established law given the undisputed facts . . . .”).
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Lewis Stewart v. Romeo Aranas et al
Case No. 3:17-cv-00132-MMD-CLB

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ORDER

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This matter comes before the Court regarding the briefing schedule for the

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Plaintiff’s Motion to Vacate (ECF No. 71). The Court has examined the Stipulation as

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agreed by the parties to this stipulation and good cause having been shown,

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IT IS THEREFORE ORDERED that Defendants are granted until July 15, 2020 to
respond to Motion to Vacate (ECF No. 71).
6th
July
DATED this _____ day of _________________ 2020.

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___________________________________
DISTRICT COURT JUDGE

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