Launer et al v. City of Reno

Filing 17

DOCKETING ERROR - WRONG CASE - DISREGARD THIS ENTRY : ORDER GRANTING THE UNITED STATES' CONSENT MOTION FOR EXTENSION OF TIME FOR BRIEFING ON MOTIONS TO DISMISS - The United States' responses to the Motions to Dismiss (ECF No. 8 ) is due on April 23, 2024. The Defendants' reply briefs is due by May 10, 2024. Signed by Chief Judge Miranda M. Du on 3/26/2024. (Copies have been distributed pursuant to the NEF - DRM) Modified on 3/26/2024 to reflect TO DENOTE DOCKETING ERROR - DIsREGARED - NEF regenerated (DRM).

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Joseph J. Sperber IV
NY State Bar No. 2662526
United States Department of Justice
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone [phone]
Facsimile [phone]
Email [e-mail]
Attorney for the United States

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Plaintiff,

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CASE No. 3:24-cv-00026-MMD-CLB

UNITED STATES OF AMERICA,

UNITED STATES’ CONSENT MOTION
FOR EXTENSION OF TIME FOR
BRIEFING ON MOTIONS TO DISMISS

v.
STATE OF NEVADA, et al.
Defendants.

1.

On January 17, 2024, Plaintiff, the United States of America (“United States”),

filed a complaint (Doc. 1) in this action to enforce the provisions of the Uniformed Services
Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301 et seq. (“USERRA”).
2.

The complaint alleges that Defendants, the State of Nevada (“Nevada”), the

Office of the Attorney General of the State of Nevada (“Nevada AG”) and the Public
Employees’ Retirement System of the Nevada (“NVPERS”) (collectively, “Defendants”),
violated 38 U.S.C. § 4318 of USERRA by denying Nevada state employee Charles Lehman, and
other similarly-situated employees, proper pension benefits upon their reemployment after
military service.
3.

On March 19, 2024, Defendants filed Motions to Dismiss Plaintiff's Complaint

for failure to state a claim upon which relief can be granted. Docs. 20 (Defendant NVPERS

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Motion) and 25 (Defendants’ Nevada and Nevada AG Motion).
4.

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April 2, 2024, and Defendants’ replies are due April 9, 2024.
5.

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The extension of deadlines is requested so that complex issues raised by Motions

to Dismiss may be properly and fully addressed.
7.

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Counsel for each of the parties have discussed the timing of briefing for the

pending Motions to Dismiss.

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Currently, the United States’ responses to the pending Motions to Dismiss are due

All Defendants, through counsel, have consented to the United States’ Motion for

Extension of Time for briefing on the Motions to Dismiss.
8.

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The United States, with the consent of Defendants, respectfully requests that the

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Court extend the deadlines for the United States’ briefing in response to Defendants’ Motions to

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Dismiss and the Defendants’ replies to the United States’ responses.
9.

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This is the first motion for an extension of the briefing deadlines with respect to

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the Motions to Dismiss.

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TO COMPLY WITH LR IA 6-2.

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10.

The United States respectfully requests that the Court order the United States’

responses to the Motions to Dismiss be due on April 23, 2024.
11.

The United States respectfully requests that the Court order the Defendants’ reply

briefs be due on May 10, 2024.
Respectfully submitted this 26th day of March 2024.
/s/ Joseph J. Sperber IV
JOSEPH J. SPERBER IV
Trial Attorney
United States Department of Justice
Civil Rights Division
Employment Litigation Section
Attorney for the United States

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE

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DATED:

March 26, 2024

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Case 3:24-cv-00026-MMD-CLB Document 27 Filed 03/26/24 Page 4 of 4

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CERTIFICATE OF SERVICE
I certify that on the 26th day of March 2024, I used the Court’s electronic filing system to
file a true and correct copy of the foregoing, which will send notification of such filing to the
following attorneys of record:
For Defendant the Public Employees’
Retirement System of Nevada

For Defendants the State of Nevada and the
Office of the Attorney General of Nevada

Ian E. Carr
Nevada Attorney General
100 North Carson Street
Carson City, NV 89701

Iva K. Todorova
Marni Rubin Watkins
Navada Attorney General
Suite 3900
555 East Washington Avenue
Las Vegas, NV 89101

Samuel I. Levin
David N. Levine
Groom Law Group
Suite 1200
1701 Pennsylvania Avenue, N.W.
Washington, DC 20006

Dated: March 26, 2024, in Washington, D.C.
/s/ Joseph J. Sperber IV
JOSEPH J. SPERBER IV
Attorney for Plaintiff
The United States of America

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