Opinion
2:21-cv-00514-CDS-EJY
08-09-2023
ANTHONY K. ANDERSON, an individual, Plaintiff, v. NEVADA DEPARTMENT OF CORRECTIONS; HENRY LANDSMAN, M.D. an individual; ROMEO ARANSAS, M.D., an individual; REBECCA KOZLOFF, an individual; SONYA CARRILLO, R.N., an individual; GEORGE TIMOTHY KELLY, M.D., an individual, Defendants.
McCormick, Barstow, Sheppard, Wayte & Carruth LLP Katherine J. Gordon Nevada Bar No. 5813 Cheryl A. Grames Nevada Bar No. 12752 Attorneys for Defendant George Timothy Kelly, M.D McCormick, Barstow, Sheppard, Wayte & Carruth LLP Katherine J. Gordon Nevada Bar No. 5813 Cheryl A. Grames Nevada Bar No. 12752 Attorneys for Defendant George Timothy Kelly, M.D. Attorneys for Defendant George Timothy Kelly, M.D. Anthony L. Martin Nevada Bar No. 8177 Elody C. Tignor Nevada Bar No. 15663 Attorneys for Plaintiff Anthony K. Anderson Nevada Attorney General's Office Keith G. Munro Nevada Bar No. 5074 Attorneys for Defendants Nevada Dept. of Corrections, Henry Landsman, M.D., Romeo Aransas, M.D., Rebecca Kozloff, and Sonya Carrilo, R.N.
McCormick, Barstow, Sheppard, Wayte & Carruth LLP Katherine J. Gordon Nevada Bar No. 5813 Cheryl A. Grames Nevada Bar No. 12752 Attorneys for Defendant George Timothy Kelly, M.D
McCormick, Barstow, Sheppard, Wayte & Carruth LLP Katherine J. Gordon Nevada Bar No. 5813 Cheryl A. Grames Nevada Bar No. 12752 Attorneys for Defendant George Timothy Kelly, M.D.
Attorneys for Defendant George Timothy Kelly, M.D. Anthony L. Martin Nevada Bar No. 8177 Elody C. Tignor Nevada Bar No. 15663 Attorneys for Plaintiff Anthony K. Anderson
Nevada Attorney General's Office Keith G. Munro Nevada Bar No. 5074 Attorneys for Defendants Nevada Dept. of Corrections, Henry Landsman, M.D., Romeo Aransas, M.D., Rebecca Kozloff, and Sonya Carrilo, R.N.
REQUEST TO STAY DISCOVERY DURING PENDENCY OF DEFENDANT DR. KELLY'S MOTION TO DISMISS (ECF NO. 66) (FIRST REQUEST)
DEFENDANT GEORGE TIMOTHY KELLY, M.D. (“Defendant Dr. Kelly”), PLAINTIFF ANTHONY K. ANDERSON (“Plaintiff”), and DEFENDANTS NEVADA DEPARTMENT OF CORRECTIONS, HENRY LANDSMAN, M.D., ROMEO ARANSAS, M.D., REBECCA KOZLOFF, and SONYA CARRILO R.N. (collectively, the “NDOC Defendants”), by and through their respective counsel, hereby submit their Request to Stay Discovery During the Pendency of Defendant Dr. Kelly's Motion to Dismiss (ECF No. 66, filed on April 11, 2023).
The parties stipulate and agree as follows:
1. Plaintiff maintains one cause of action against Defendant Dr. Kelly (42 U.S.C. § 1983 - Deliberate Indifference). See Third Amended Complaint (ECF No. 48).
2. On April 11, 2023, Defendant Dr. Kelly filed a Motion to Dismiss the Third Amended Complaint as to the deliberate indifference cause of action against him. (ECF No. 66).
3. On April 24, 2023, Plaintiff filed his Response to the Motion to Dismiss (ECF No. 71).
4. On May 30, 2023, Defendant Dr. Kelly filed his Reply in Support of his Motion to Dismiss, following extensions that this Court granted (ECF Nos. 73, 81, and 82).
5. The parties recently submitted a request to extend discovery deadlines by thirty days (ECF No. 84), which this Court granted (ECF No. 85) on July 25, 2023.
6. In subsequent discussions among counsel as to litigation expenses, the parties agreed that conserving resources is a prudent approach while the parties await the Court's decision regarding the Motion to Dismiss.
7. The parties have also agreed to submit a proposed discovery plan and scheduling order no later than two weeks after the Court issues its decision as to the Motion to Dismiss.
It is so stipulated and agreed.
Based on the parties' stipulation and agreement:
The Court will stay discovery until the Court issues its decision as to Defendant Dr. Kelly's Motion to Dismiss (ECF No. 66).
The parties will submit a new proposed discovery plan and scheduling order no later than two weeks after the Court issues its decision as to the subject Motion to Dismiss.
IT IS SO ORDERED.