Opinion
2:20-cv-2359-JAD-DJA
01-24-2022
ESTATE OF NEKIYLO DEWAYNE GRAVES, by and through Eureka Graves as next-of-kin, personal representative and its Special Administrator SHANNON L. EVANS; EUREKA GRAVES, an individual, Plaintiffs, v. NYE COUNTY, NEVADA, a political subdivision of the State of Nevada; JOHN KAKAVULIAS, an individual and employee of Nye County, Nevada; SOC NEVADA, LLC, a foreign limited liability company d/b/a “SOC, LLC”; TRE'QUIS HARRIS, an individual and employee of SOC Nevada, LLC; DOES I -X; ROES I-X, Defendants.
PAUL S. PADDA, ESQ., MICHAEL A. HUMPHREYS, ESQ., PAUL PADDA LAW -and-, MICHAEL LANIGAN, ESQ., LAW OFFICE OF MICHAEL LANIGAN Attorneys for Plaintiffs. Brent Ryman, Esq. ERICKSON, THORPE & SWAINSTON, Attorney for Defendants Nye County and John Kakavulias.
PAUL S. PADDA, ESQ., MICHAEL A. HUMPHREYS, ESQ., PAUL PADDA LAW -and-, MICHAEL LANIGAN, ESQ., LAW OFFICE OF MICHAEL LANIGAN Attorneys for Plaintiffs.
Brent Ryman, Esq. ERICKSON, THORPE & SWAINSTON, Attorney for Defendants Nye County and John Kakavulias.
JOINT STIPULATION TO EXTEND PLAINTIFFS' TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS (FIRST REQUEST)
Jennifer A. Dorsey U.S. District Judge.
Pursuant to Federal Rule of Civil Procedure (“FRCP”) 6 and the Court's Local of Civil Practice (“LR”) 7-1, Plaintiffs and Defendants (John Kakavulias and Nye County, Nevada) hereby stipulate, subject to the Court's approval, to extend by 21-days (or until February 11, 2022) Plaintiffs' time to respond to the pending motion to dismiss (ECF No. 54). Plaintiffs' response is currently due today, January 21, 2022. In support of this Stipulation, the parties rely upon the following:
1. Plaintiffs initiated this civil action on December 31, 2020 alleging the wrongful death of Nekiylo Graves. ECF No. 1.
2. Subsequently, and with leave of Court, a First Amended Complaint was filed by Plaintiffs on December 2, 2021. ECF No. 35.
3. On January 7, 2022, Defendants John Kakavulias and Nye County, Nevada filed a motion to dismiss Plaintiffs' First Amended Complaint. ECF No. 54.
4. Two days earlier, on January 5, 2022, Defendants Tre'Quis Harris and SOC Nevada, LLC filed a motion for protective order. ECF No. 53. Plaintiffs timely responded to that motion on January 18, 2022. ECF No. 62.
5. Plaintiffs need additional time to respond to the pending motion to dismiss. Undersigned counsel for Plaintiffs has explained the reasons to defense counsel which include the following: (1) during the past week Plaintiffs' counsel was busy responding to the motion for protective order (ECF No. 62), (2) during the past two weeks, Plaintiffs' counsel was exceedingly busy with discovery matters in two other civil cases pending in state court which required his immediate time and attention and (3) during the midst of the foregoing, Plaintiffs' counsel's office has experienced staff shortages related to COVID which has imposed
additional burdens upon undersigned counsel for Plaintiffs. Plaintiffs' counsel believes an additional 21-days will provide sufficient time to respond to Defendants' 26-page motion to dismiss. Given the significance of any dispositive motion, Plaintiffs must have sufficient time to properly respond to motion filed by Defendants in this case.
6. The parties agree that good cause exists to support this request for a 21-day extension of time and that the Court should approve this Stipulation to permit Plaintiffs to respond to the pending motion to dismiss on or before February 11, 2022.
IT IS SO ORDERED.