Opinion
Case No. 3:10-cv-00679-HDM-VPC
10-14-2011
TONJA BROWN, administratrix of the Estate of NOLAN KLEIN and TONJA BROWN, as an Individual; Plaintiff, v. STATE OF NEVADA ex rel. the DEPARTMENT OF CORRECTIONS, and HOWARD SKOLNIK, DIRECTOR OF THE DEPARTMENT OF CORRECTIONS; Defendant.
CATHERINE CORTEZ MASTO Nevada Attorney General WILLAM J. GEDDES, ESQ. #6984 Senior Deputy Attorney General NEVADA ATTORNEY GENERALS OFFICE Attorneys for Defendant HAGER & HEARNE ROBERT R. HAGER, ESQ. #1482 TREVA J. HEARNE, ESQ. #4450 Attorneys for Plaintiffs
CATHERINE CORTEZ MASTO
Nevada Attorney General
WILLAM J. GEDDES, ESQ. #6984
Senior Deputy Attorney General
NEVADA ATTORNEY GENERALS OFFICE
Attorneys for Defendant
HAGER & HEARNE
ROBERT R. HAGER, ESQ. #1482
TREVA J. HEARNE, ESQ. #4450
Attorneys for Plaintiffs
STIPULATION AND PROPOSED
ORDER FOR EXTENSION OF
TIME TO CONDUCT MEDIATION
and SUBSEQUENT DEADLINES
(SECOND REQUEST)
COME NOW Defendant by and through Counsel, WILLIAM GEDDES, ESQ., Nevada Attorney General's Office and Plaintiffs by and through Counsel, TREVA J. HEARNE, ESQ. Hager & Hearne, and, and hereby stipulate as follows:
1. STIPULATION
WHEREAS:
1. The original discovery cut-off for this case was August 3, 2011, with summary judgment motions due thirty (30) days later, or by September 2, 2011 (Docket No. 015, the Scheduling Order);
2. However, during a status conference, the parties expressed to the Court their desire to convene a court-presided settlement conference in this case;
3. The parties desired to hold such a settlement conference after the close of discovery, on the expectation that completing discovery would permit the parties to become better informed as to the merits and demerits of their cases, thereby enabling them to better evaluate the settlement dimensions of this case;
4. The parties further desired to stay the briefing schedule on any summary judgment motion that might be filed in this case until after the settlement conference, so as to allow the parties: (a) to promote a settlement perspective, rather than divisive motion practice; and (b) to conserve the parties and the Court's resources that might be unnecessarily wasted, should the case settle at the mediation conference;
5. Accordingly, on June 3, 2011, the Court granted that request, issuing its Order of Docket No. 22, which scheduled a settlement conference for Thursday, August 11, 2011 at 9:00 a.m.;
6. On July 11, 2011, in Docket No. 026, the parties jointly requested of the Court that additional time be given to complete depositions in this case. This was their first and only request to extend discovery;
7. When petitioning the Court for this extension, the parties were careful to request that all subsequent dates, that relate to the close of discovery, including mediation and summary judgment motions also be extended accordingly, as follows:
THEREFORE IT IS HEREBY STIPULATED AND AGREED TO BY AND AMONG THE PARTIES:(Docket No. 026, p. 3, II. 1-10.)
1. Discovery should be enlarged by thirty (30) days, through and including September 2, 2011, for the limited purposes of completing the above-referenced depositions; and
2. The parties agree to jointly petition the Court for such an enlargement of time to complete these depositions.
3. The remaining scheduling order should also be enlarged by thirty (30) days, including the, date for the mediation conference, and the deadlines for summary judgment motions, and the other post-discovery deadlines.
8. On July 13, 2011, the Court granted that request, in its Order of Docket No. 029, and separately issued;
9. On August 5, 2011, the Court issued its Order of Docket No. 034, rescheduling the settlement conference from August 11, 2011 to October 24, 2011;
10. Since that time, counsel for the parties have encountered extremely congested schedules in the period leading up to and after October 24, 2011, as below set forth:
a. For Defense Counsel, he has had to prepare for taking or defending depositions every week in the Month of October, 2011, for the nationwide tobacco arbitration, as follows:
i. October 3-6, 2011: preparation for, and the taking of, out-of-state deposition of the RJR Tobacco Company "database-topic" Rule 30(b)(6) witness in Washington, D.C., and travel time for the same;
ii. October 10-14. 2011: preparation for, and the taking of, instate depositions of the State of Nevada's two Rule 30(b)(6) witnesses;
iii. October 17-21. 2011: preparation for and the taking of: (a) Out-of-state deposition of the Daughters and Ryan deposition, in Washington, D.C., and travel time for the same; and (b) out-of-state deposition of the RJR Tobacco Company "general-topic" 30(b)(6) witness in North Carolina, and travel time for the same;
iv. October 24-28. 2011: preparation for and the taking of the Philip Morris Rule 30(b)(6) "general-topic" deposition in Richmond, Virginia, and travel time for the same;
b. For Plaintiffs' counsel, their calendar is, as follows:
i. October 24. 2011 : Sentencing in Lassen County, CA
ii. October 26 - 28. 2011 : Depositions
iii. November 3. 2011: Hearing in USDC Eastern District of CA, in Sacramento
iv. November 4. 2011: Depositions
v. November 7. 2011: Oral Arguments in USDC Nevada, Reno
vi. November 10. 2011: Mediation
vii. November 1-1. 2011: Depositions
viii. November 21-25. 2011: Plaintiffs Counsel has family in from out of town for the Thanksgiving holiday, and will be taking time off for the same
11. Accordingly, the parties agree to jointly petition the Court herein to continue the Settlement Conference and all post-settlement-conference deadlines to a later date;
12. Upon making inquiry of the Clerk of the Court, the parties have learned that November 29, 2011 appears to be a potential date of availability for the Court to hold a rescheduled mediation conference;
THEREFORE IT IS HEREBY STIPULATED AND AGREED TO BY AND AMONG THE PARTIES:
1. The mediation conference, currently scheduled for October 24, 2011 be vacated and rescheduled for Tuesday. November 29. 2011 at 9:00 a.m.;
2. The deadlines triggered by any failed mediation conference would be enlarged, such that: (a) any summary judgment motions be filed no later than thirty (30) days after the mediation conference, or by Thursday; December 29. 2011: and (b) if no summary judgment motions are filed, then the parties shall file their joint pretrial order thirty (30) days after the deadline for filing summary judgment motions, or by Monday. January 30. 2012 (given that the thirtieth (30) day following December 29, 2011 falls on a Saturday and is automatically extended by operation of Fed. R. Civ. P. 6);
3. The parties agree to jointly petition the Court for such an enlargements time, as herein stipulated.
WILLAM J. GEDDES, ESQ. #6984
Senior Deputy Attorney General
Nevada Attorney General's Office
Attorneys for Defendant
TREVA J. HEARNE, ESQ., #4450
HAGER & HEARNE
ORDER
The Court, having reviewed the preceding Stipulation and GOOD CAUSE APPEARING THERFORE, HEREBY ORDERS that the mediation conference, currently scheduled for October 24, 2011 be vacated and rescheduled for Tuesday, November 29, 2011 at 9t66 a.m. The settlement conference statements shall be received in chambers by no later than Tuesday, November 22, 2011. All other aspects of the Court's Order Scheduling Settlement Conference (Docket No. 22) shall remain in effect. IT IS FURTHER ORDERED THAT, should the Settlement Conference fail to settle this case, any summary judgment motions that the parties wish to file be filed no later than Thursday, December 29, 2011. If no summary judgment motions are filed, then the parties shall file their joint pretrial order by Monday, January 30, 2012.
IT IS SO ORDERED
____________________________
UNITED STATES MAGISTRATE JUDGE