Opinion
2:21-cv-01334-RFB-BNW
10-06-2022
ROBERT COACHE, an Individual, Plaintiff, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et. al., Defendants.
RALPH A SCHWARTZ PC Ralph A Schwartz Counsel for Plaintiff Robert Coache KAEMPFER CROWELL Lyssa Anderson Counsel for Defendants Colin Haynes, and Lt. Nathan Chio STEVEN B. WOLFSON District Attorney SCOTT DAVIS Deputy District Attorney Counsel for Defendants Colin
RALPH A SCHWARTZ PC
Ralph A Schwartz
Counsel for Plaintiff Robert Coache
KAEMPFER CROWELL
Lyssa Anderson
Counsel for Defendants Colin Haynes, and Lt. Nathan Chio
STEVEN B. WOLFSON District Attorney
SCOTT DAVIS Deputy District Attorney Counsel for Defendants Colin
STIPULATION AND MOTION TO EXTEND TIME FOR PLAINTIFF TO FILE AND SERVE AN AMENDED COMPLAINT
BRENDA WEKSLER, STATES MAGISTRATE JUDGE.
Plaintiff Robert Coache (“Plaintiff'), by and through his counsel Ralph A. Schwartz, PC, and Brown, Clark, Le, Ames, Stedman & Cevallos LLP, and Defendants Colin Haynes, and Nathan Chio, by and through their counsel, Lyssa S. Anderson Esq., and Kaempfer Crowell, and defendants Marc DiGiacomo and Sara Overly, by and through their counsel, Steven B. Wolfson, District Attorney for Clark County, and deputy district attorney Scott Davis, submit this stipulation and joint motion to extend time for Plaintiff to file and serve his amended complaint.
On September 14, 2022, the Court heard and granted Defendants' motions to dismiss Plaintiff's Complaint (ECF Nos. 29, 33). The Court granted Plaintiff thirty (30) days leave to amend his complaint as to Defendants Haynes, Chio, DiGiacomo, and Overly. Thus, the Court's deadline for Plaintiff to file and serve the amended complaint is October 14, 2022 (ECF No. 54).
Plaintiff's counsel has incurred a loss of time to prepare the amended complaint due to health issues and has also had to obtain, and is reviewing, hundreds of pages of documents concerning the Defendants' pre-prosecution investigation of Plaintiff. Plaintiff therefore requests an additional twenty (20) days to file and serve his amended complaint.
The requested extension is made in good faith and not for the purpose of delay. This is Plaintiff's first request for an extension to file the amended pleading. The new date for filing and serving the Amended Complaint would be November 3, 2022.
ORDER
IT IS SO ORDERED.
DECLARATION OF EDWIN B. BROWN
Edwin B. Brown declares:
1. I am an attorney licensed to practice law in the State of California. This Court granted my petition to serve as counsel for Plaintiff pro hac vice, along with Ralph A. Schwartz PC. If called as an attorney, I could and would testify to the facts set forth below based on my personal knowledge.
2. On September 14, 2022, the Court heard and granted Defendants' motions to dismiss Plaintiffs complaint (ECF Nos. 29, 33). The Court granted Plaintiff thirty (30) days leave to amend his Complaint as to Defendants Haynes, Chio, DiGiacomo, and Overly (ECF No. 54).
3. I have chronic ulcerative colitis, a condition that sometimes interferes with my ability to attend court or work long hours in my practice. I had a flare up of the disease on the morning of September 14th, the time and date of our oral argument on the motion. Active symptoms lasted for almost one week thereafter, I therefore lost some time to prepare the Amended Complaint.
4. I have also had to obtain, and am now reviewing, hundreds of pages of documents concerning the Defendants' pre-prosecution investigation of Plaintiff in order to add facts to Plaintiffs Amended Complaint.
5. Plaintiff therefore requests an additional twenty (20) days to file and serve his
Amended Complaint. The requested extension is made in good faith and not for the purpose of delay. Both defense counsel have agreed to the extension.
6. This is Plaintiffs first request for an extension to file the amended pleading. The new date for filing and serving the Amended Complaint would be November 3, 2022.
Executed on October 4, 2022, at Rancho Santa Margarita, California.
I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct.