Chavez v. Jones et al

Filing 51

ORDER by District Judge Kenneth J. Gonzales granting in part and denying in part 42 Opposed Motion Requestingan Order Allowing the Plaintiff to Depose James Mowduk and File a Response to the Defendants' Motion for Summary Judgment Doc 35 Thereafter or in the Alternative an Order Allowing the Plaintiff to File a Response Out of Time. Response due 8/29/2017. Reply due 9/12/2017. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LEVI CHAVEZ,
Plaintiff,
vs.

Civ. No. 15-619 KG/KK

AARON JONES, in his official capacity
as a Valencia County Sheriff’s Office detective,
and in his individual capacity,
AND
THE BOARD OF COUNTY COMMISSIONERS FOR
VALENCIA COUNTY NEW MEXICO,
Defendants.
ORDER
This matter comes before the Court upon Plaintiff’s “Rule 56(d) Affidavit of Hans Voss
Regarding Doc. [35],” filed June 28, 2017, and Plaintiff’s “Opposed Motion Requesting
an Order Allowing the Plaintiff to Depose James Mowduk and File a Response to the
Defendants’ Motion for Summary Judgment Doc [35] Thereafter or in the Alternative
an Order Allowing the Plaintiff to File a Response Out of Time,” filed June 29, 2017,
collectively, the Motion. (Docs. 41 and 42). Defendants filed a response on July 13, 2017, and
Plaintiff filed a reply on July 27, 2017. (Docs. 43 and 44). On August 28, 2107, the Court held a
telephonic hearing on the Motion at which Hans Voss represented Plaintiff and David Roman
represented Defendants.
Having considered the Motion, the briefing, and the argument of counsel at the
telephonic hearing, and for the reasons stated on the record at that hearing,

IT IS ORDERED that the Motion (Docs. 41 and 42) is granted in part in that
1. Plaintiff has until 5:00 p.m. on August 29, 2017, to file his response to Defendants’
Motion for Summary Judgment on the Basis of Qualified Immunity and Memorandum in
Support (Doc. 35); and
2. Defendants have until 5:00 p.m. on September 12, 2017, to file a reply.

_______________________________
UNITED STATES DISTRICT JUDGE

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