Evans v. Dzurenda et al

Filing 57

ORDER granting ECF No. 56 Stipulation. Plaintiff's Amended Complaint due by 10/9/2020. Signed by Magistrate Judge William G. Cobb on 9/8/2020. (Copies have been distributed pursuant to the NEF - LW)

Case 3:18-cv-00283-RCJ-WGC Document 57 Filed 09/08/20 Page 1 of 3

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MARGARET A. MCLETCHIE, Nevada Bar No. 10931
ALINA M. SHELL, Nevada Bar No. 11711
MCLETCHIE LAW
701 East Bridger Ave., Suite 520
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff Todd Evans

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TODD EVANS,
Plaintiff,

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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Case No.: 3:18-cv-00283-RCJ-WGC

STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
AMENDED COMPLAINT
(ECF No. 41)

vs.
JAMES DZURENDA, et al.,

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Defendants.

(FOURTH REQUEST)

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Pursuant to LR IA 6-1, Plaintiff TODD EVANS and Defendants JAMES

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DZURENDA, ROMEO ARANAS, JOHN KEAST, DR. JONES, and DR. MAR

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(collectively “Defendants”), by and through their respective counsel, hereby stipulate and

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request that this Court extend the deadline for Plaintiff TODD EVANS to file his Amended

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Complaint, pursuant to Screening Order (ECF No. 41), by an additional sixty (60) days,

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extending the deadline from September 9, 2020 to November 5, 2020.

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This Request for an extension of time is not sought for any improper purpose or

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other purpose of delay. This is the fourth request for an extension in this matter. This request

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for extension is based upon the following:

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Counsel for Plaintiff TODD EVANS is class counsel in In re: HCV Prison

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Litigation, Case No. 3:19-cv-0577-MMD-CLB.4 In that suit, which has been certified as a

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class action (see In re: HCV Prison Litigation, ECF No. 21), the class representatives are

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Case 3:18-cv-00283-RCJ-WGC Document 57 Filed 09/08/20 Page 2 of 3

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seeking declaratory and injunctive relief regarding NDOC’s failure to provide treatment for

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chronic HCV. Pursuant to the Court’s order certifying the class in the In re: HCV Prison

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Litigation, the class consists of all persons: (a) who are or will be in the legal custody of

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NDOC; (b) who have been incarcerated for at least 21 days and have at least 12 weeks

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remaining on their sentence; (c) who have been diagnosed with chronic HCV and are

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candidates for DAA treatment pursuant to the proper medical standard of care; and (d) for

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whom DAA treatment has been or will be denied, withheld, or delayed based on policies or

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considerations that deviate from the proper medical standard of care. (In re: HCV Prison

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Litigation, ECF No. 21, p. 17:17-23.)
The Court has conducted a multi-day settlement conference in that matter (see In

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re: HCV Prison Litigation, ECF Nos. 54, 55, and 59 (minutes of settlement conference).)

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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The parties have submitted a proposed settlement (consent decree) to the Court for

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preliminary approval. (ECF No. 61.) The Court has scheduled a fairness hearing for October

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27, 2020. (ECF No. 63 (amended minute order setting fairness hearing.) Because the

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proposed consent decree relates to Mr. Evans’ claims regarding denial of treatment for his

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chronic HCV, this additional extension of time is necessary so that counsel can determine

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whether the Court will approve the consent decree, and to assess the impact of that consent

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decree on Mr. Evans’ claims.

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Counsel for Plaintiff TODD EVANS also requires this additional extension of time

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due to conflicting deadlines in other cases. Specifically, counsel Alina M. Shell is counsel in

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In Re: D.O.T. Litigation (Eighth Judicial District Court Case No. A-19-787004-B). Ms. Shell

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has been in trial in the In Re: D.O.T. Litigation matter since July 13, 2020. The first phase of

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trial ended on August 18, 2020, and the second phase of trial is scheduled to begin on

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September 8, 2020. The undersigned has had to dedicate substantial time to participating in

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trial and attending to matters related to trial.

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Further, counsel for Mr. Evans has conflicting deadlines, such as dispositive motion

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filings due on September 9, 2020 in another matter, Las Vegas Review-Journal v. Las Vegas

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Metropolitan Police Department, Eighth Judicial District Court Case No. A-18-775378-W,

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Case 3:18-cv-00283-RCJ-WGC Document 57 Filed 09/08/20 Page 3 of 3

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a Reply to Answer to Petition for Writ of Mandamus due on September 14, 2020 in Joanna

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Sarah Weller v. Eighth Judicial District Court, Nevada Supreme Court Case No. 81685, and

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a mediation statement due on September 16, 2020 in Huffman, et al. v. Bertsch, CPA, Nevada

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Supreme Court Case No. 81330. Accordingly, counsel requires additional time to adequately

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represent Mr. Evans’ interests in this matter.

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WHEREFORE, the parties respectfully request that this Court extend the deadline
for Plaintiff to file his Amended Complaint to up to and including October 9, 2020.
IT IS SO STIPULATED.
DATED this 8th day of September, 2020.

DATED this 8th day of September, 2020.

MCLETCHIE LAW

ATTORNEY GENERAL’S OFFICE

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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/s/ Alina M. Shell
Margaret A. McLetchie, NBN 10931
Alina M. Shell, NBN 11711
701 E. Bridger Ave., Suite 520
Las Vegas, NV 89101
Attorneys of Plaintiff Todd Evans

/s/ Douglas R. Rands
Aaron D. Ford, Nevada Attorney General
Douglas R. Rands, Nevada Bar No. 3572
100 N. Carson Street
Carson City, Nevada 89701-4717
Attorneys for Defendants

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ORDER
IT IS SO ORDERED.

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HONORABLE JUDGE WILLIAM G. COBB
DATED:

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September 8, 2020.