Opinion
2:22-cv-01753-JAD-NJK
04-20-2023
DAWNYELL FLYNN an individual, Plaintiffs, v. STATE OF NEVADA ex rel. NEVADA DEPARTMENT OF CORRECTIONS, a public entity of the State of Nevada; DONALD BURSE, an individual; CHARLES DANIELS, director, in his official capacity; and Doe Nevada Department of Corrections Employees 1 - 10, in their individual and official capacity, Defendant(s).
OFFICE OF THE ATTORNEY GENERAL Jacob Smith CHRISTOPHER PETERSON Attorney for Plaintiff AMERICAN CIVIL LIBERTIES UNION OF NEVADA Chris Davis CRAIG A. NEWBY CHRIS DAVIS Attorney for NDOC and Charles Daniel
OFFICE OF THE ATTORNEY GENERAL Jacob Smith CHRISTOPHER PETERSON Attorney for Plaintiff
AMERICAN CIVIL LIBERTIES UNION OF NEVADA Chris Davis CRAIG A. NEWBY CHRIS DAVIS Attorney for NDOC and Charles Daniel
STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE A DISCOVERY PLAN (FOURTH REQUEST)
NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE
STIPULATION (FOURTH REQUEST)
Pursuant to Local Rules IA 6-1, 6-2, and 7-1, it is hereby stipulated and agreed by and among Defendants, Nevada Department of Corrections (NDOC) and Charles Daniels, and Plaintiff, Dawnyell Flynn, as follows:
1. Defendants, NDOC and Charles Daniels, removed this action from state court to federal court on October 19, 2022. See ECF No. 1.
2. Though served, Defendant Donald Burse has not made an appearance.
3. Defendants NDOC and Charles Daniels filed a Motion to Dismiss on December 30, 2022. See ECF No. 7.
4. Plaintiff Flynn filed her response to Defendant's Motion to Dismiss on March 27, 2023.
5. Defendants NDOC and Charles Daniels filed their reply in support of their Motion to Dismiss on April 10, 2023.
6. Throughout the briefing related to Defendants' Motion to Dismiss, Plaintiff's counsel has been in communication with Defendants about potential settlement.
7. Defendants extended proposed settlement terms to Plaintiff on March 22, 2023.
8. On April 13, 2023, parties met to discuss Defendants' proposed settlement terms, and Plaintiffs potential counterproposals.
9. After evaluating the respective opposition's position, both parties have a good faith belief that a settlement is possible in this matter.
10. As Plaintiff Flynn is incarcerated, Plaintiff's counsel will need more time than is typical to communicate settlement terms with her and finalize any details related to settlement.
11. To provide sufficient time to finalize negotiations, the parties seek to extend the current deadline for parties' discovery plan sixty (60) days to June 12,2023.
12. This is the parties' fourth request for an extension of a deadline in this case. It is the third request to extend the discovery plan deadline.
13. The requested extension is not intended to cause any delay or to prejudice any party.
ORDER
IT IS SO ORDERED.