Edwards v. Clark et al

Filing 12

ORDER granting ECF No. 11 Motion to Extend Time. The Settlement Stipulation and Proposed Order is due on or before June 16, 2021. Signed by Magistrate Judge William G. Cobb on 6/3/2021. (Copies have been distributed pursuant to the NEF - SC)

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C 1 2 3 4 5 6 7 AARON D. FORD Attorney General LAURA M. GINN, Bar No. 8085 Deputy Attorney General State of Nevada 100 N. Carson Street Carson City, Nevada 89701-4717 Tel: (775) 684-1120 E-mail: lginn@ag.nv.gov Attorneys for Defendant Stephen Clark 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 LEODIAS EDWARDS, 11 Case No. 3:19-cv-00554-RCJ-WGC Plaintiff, 15 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO S. CLARK, et al., FILE SETTLEMENT STIPULATION AND PROPOSED Defendants ORDER FOR DISMISSAL Defendant Stephen Clark, by and through counsel, Aaron D. Ford, Attorney 16 General of the State of Nevada, and Laura M. Ginn, Deputy Attorney General, hereby 17 file this Motion for Extension of Time to file Settlement Stipulation and Proposed Order 18 for Dismissal as Ordered by this Court in ECF No. 9. This Motion is based on Federal 19 Rule of Civil Procedure 6(b)(1), the following Memorandum of Points and Authorities, and 20 all papers and pleadings on file in this action. 12 13 14 21 v. MEMORANDUM OF POINTS AND AUTHORITIES 22 Defendant respectfully requests this short extension to file the stipulation of 23 dismissal as Plaintiff Leodias Edwards (Edwards) has yet to respond to counsel’s 24 numerous requests for a signature. The Settlement and Stipulation was sent to Edwards 25 on May 6 and May 20, 2021. On May 24, Edwards returned the Settlement and 26 Stipulation without his signature, questions, or notations. On May 25 and again on June 27 1, 2021, the Settlement and Stipulation was sent to Edwards. It is unclear to Defendant 28 whether Edwards intends to sign the stipulation, has questions about the settlement 1 1 agreement, or otherwise intends to continue participating in this matter. Defendants thus 2 request a short extension to file either a stipulation of dismissal or motion to enforce the 3 settlement agreement. 4 5 6 7 8 9 Federal Rule of Civil Procedure 6(b)(1) governs enlargements of time and provides as follows: When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect. 10 Good cause exists to extend the time to file the Settlement Stipulation and 11 Proposed Order to give Edwards additional time to review and sign the Settlement and 12 Stipulation. Counsel again contacted Edwards and indicated if he did not return the 13 stipulation by June 8, 2021, counsel would move to enforce the settlement. 14 For the above reasons, Defendant respectfully requests an extension to file the 15 Settlement Stipulation and Proposed Order with a new deadline to and including June 16 16, 2021. 17 DATED this 2nd day of June, 2021. 18 AARON D. FORD Attorney General 19 20 By: 21 /s/ Laura M. Ginn LAURA M. GINN, Bar No. 8085 Deputy Attorney General 22 Attorneys for Defendant 23 24 IT IS SO ORDERED. 25 DATED: June 3, 2021 26 27 __________________________________ UNITED STATES MAGISTRATE JUDGE 28 2

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