Opinion
2:19-cv-00248-JCM-BNW
11-30-2022
Julie A. Clemons, Plaintiff, v. United States of America, Defendant.
JASON M. FRIERSON United States Attorney Allison C. Reppond, Esq. Assistant United States Attorney Srilata Shah, Esq. Paul Padda Law Attorney for Plaintiff
JASON M. FRIERSON United States Attorney
Allison C. Reppond, Esq. Assistant United States Attorney
Srilata Shah, Esq. Paul Padda Law Attorney for Plaintiff
STIPULATION AND ORDER TO EXTEND DEADLINE TO SUBMIT AMENDED JOINT PRETRIAL ORDER (FIRST REQUEST)
ELAYNA J. YOUCHAH UNITED STAGES MAGISTRATE JUDGE
Pursuant to Federal Rule of Civil Procedure 6 and the LR IA 6-1 and LR 26-4, the parties respectfully request that the Court approve this stipulation to extend the Joint Pretrial Order deadline by 30 days. This is the parties' first request for an extension of their deadline to submit their amended Joint Pretrial Order.
The parties filed their Joint Pretrial Order on May 9, 2022, when this matter was still pending before the Honorable Richard F. Boulware. See ECF 64. Nearly four months later, the matter was reassigned to this Court on August 31, 2022, after Judge Boulware recused himself on August 30, 2022. ECF Nos. 67-68. On September 9, 2022, the Court set this matter for trial on November 14, 2022, with calendar call set for November 9, 2022. ECF No. 69. On September 14, 2022, the parties filed a stipulation seeking: 1) a stay of the November 14, 2022 trial setting; and 2) an order referring this matter for settlement conference. ECF Nos. 70-71. On September 15, 2022, the Court referred the matter for settlement conference to occur on November 18, 2022. ECF No. 73. The Court also vacated the November 14 trial setting on October 4, 2022. ECF No. 75. According to the Court's Order, the parties are to submit an amended Joint Pretrial Order within 30 days of the November 18, 2022, settlement conference if the parties were unable to resolve this matter. ECF Nos. 73, 75. Unfortunately, the parties were unable to resolve this matter at the November 18, 2022, settlement conference. The parties now seek a short, 30-day extension of the Joint Pretrial Order deadline due to extenuating circumstances.
The lead attorney for Defendant is scheduled to leave the Nevada USAO on December 23, 2022. This matter will be transferred to a new AUSA, who will need to get up to speed on the case. Any pretrial and trial-related deadlines will also necessarily need to take the new AUSA's schedule into account. An extension is also sought in light of ongoing staffing considerations in the Civil Division of the U.S. Attorney's Office. AUSAs in the Civil Division are handling a much higher workload than normal. From December 18, 2021, until now, four of the 14 attorneys in the civil division have left the office. Two more attorneys in the civil division, including Defendant's current lead attorney, will be transferring to other U.S. Attorney's Offices by the end of 2022. Given those vacancies and the increased workloads, additional time to submit the Joint Pretrial Order is appropriate and necessary.
The parties, therefore, agree to the following modification of their deadline to submit an amended Joint Pretrial Order and respectfully propose that the deadline of December 19, 2022, be extended 30 days to January 18, 2023.
IT IS SO ORDERED: