Opinion
2:22-cv-01753-JAD-NJK
01-22-2024
DAWNYELL FLYNN, an individual, Plaintiff, v. STATE OF NEVADA ex rel. NEVADA DEPARTMENT OF CORRECTIONS, a public entity of the State of Nevada; DONALD BURSE, an individual; JAMES DZURENDA, director, in his official capacity; and Doe Nevada Department of Corrections Employees 1 - 10, in their individual and official capacity, Defendants.
SADMIRA RAMIC, ESQ. Nevada Bar No.: 15984 CHRISTOPHER M. PETERSON, ESQ. Nevada Bar No.: 13932 JACOB SMITH, ESQ. Nevada Bar No.:16324 AMERICAN CIVIL LIBERTIES UNION OF NEVADA Attorneys for Plaintiff OFFICE OF THE ATTORNEY GENERAL SABRENA K. CLINTON, ESQ. Nevada Bar No. 6499 Attorney for NDOC and Janies Dzurenda
SADMIRA RAMIC, ESQ. Nevada Bar No.: 15984
CHRISTOPHER M. PETERSON, ESQ. Nevada Bar No.: 13932
JACOB SMITH, ESQ. Nevada Bar No.:16324
AMERICAN CIVIL LIBERTIES UNION OF NEVADA
Attorneys for Plaintiff
OFFICE OF THE ATTORNEY GENERAL
SABRENA K. CLINTON, ESQ. Nevada Bar No. 6499
Attorney for NDOC and Janies Dzurenda
SECOND STIPULATION AND ORDER TO CONTINUE HEARING ON MOTION TO DISMISS
EMERGENCY STIPULATION
JENNIFER A. DORSEY, U.S. DISTRICT JUDGE
STIPULATION
(SECOND REQUEST)
Pursuant to Local Rules IA 6-1, IA 6-2, 7-1, and 7-4, it is hereby stipulated and agreed by and among Defendants, Nevada Department of Corrections (NDOC) and James Dzurenda, and Plaintiff, Dawnyell Flynn, as follows:
1. Defendants filed a Motion to Dismiss Amended Complaint on October 19, 2023. See ECF No. 31.
2. Defendant Donald Burse has not made an appearance.
3. Plaintiff filed a Response in Opposition to the Motion to Dismiss Amended Complaint on November 2, 2023. See ECF No. 33.
4. A Reply to the Response was filed on November 11, 2023. See ECF No. 35.
5. The Court issued a notice on December 4, 2023, setting an in-person hearing on the Motion to Dismiss for January 4, 2024, at 2 p.m.
6. On December 11, 2023, the parties filed a proposed stipulation and order requesting that the Court continue that original hearing date. See ECF No. 38.
7. The Court granted that stipulation and ordered the hearing date continued to January 22, 2023.
8. On the morning of January 22, 2023, Sadmira Ramic, lead counsel for Plaintiff, had an unforeseeable family medical emergency. Due to that emergency, she is unable to attend the scheduled January 22, 2023, hearing.
9. As required by LR 7-4, Plaintiff's counsel contacted Defendants' counsel at 6:30 AM, notifying them of the emergency, explaining the nature of the emergency, and communicating that Plaintiff would be requesting a continuance.
10. Both parties have agreed to stipulation to continue the hearing date.
11. Both counsels are unavailable Wednesday, January 31, 2024, through Friday, February 2, 2024. Both counsels are also unavailable Tuesday, February 6, 2024.
12. As such, both counsels respectfully propose to reschedule the hearing to any date other than those conflicting dates.
13. The request is not intended to cause any delay or to prejudice any party.
ORDER
Based on the parties' stipulation [ECF No. 49] and good cause appearing, IT IS HEREBY ORDERED that today's hearing on the motion to dismiss [ECF No. 31] is CONTINUED to February 13, 2024 at 2:30 p.m