Opinion
2:22-cv-00592-RFB-EJY
12-07-2022
JEREMY JOHN HALGAT, an individual, Plaintiffs, v. UNITED STATES OF AMERICA, DAVID N. KARPEL, individually, DOES 1 through 100; and ROES 1 through 100; inclusive, Defendants.
LEWIS BRISBOIS BISGAARD & SMITH LLP ROBERT FREEMAN E. MATTHEW FREEMAN Attorneys for Defendant Las Vegas Metropolitan Police Department MELANIE HILL LAW PLLC MELANIE A. HILL Attorneys for Plaintiff Jeremy John Halgat
LEWIS BRISBOIS BISGAARD & SMITH LLP ROBERT FREEMAN E. MATTHEW FREEMAN Attorneys for Defendant Las Vegas Metropolitan Police Department
MELANIE HILL LAW PLLC MELANIE A. HILL Attorneys for Plaintiff Jeremy John Halgat
STIPULATION TO EXTEND DEADLINE TO RESPOND TO LVMPD'S MOTION TO DISMISS AND JOINDER [ECF NOS. 37 AND 38]
(SECOND REQUEST)
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
NOW COMES the Plaintiff, JEREMY HALGAT (“Plaintiff”), by and through his attorneys, Melanie A. Hill and Melanie Hill Law PLLC, and Defendant, LAS VEGAS METROPOLITAN POLICE DEPARTMENT (“LVMPD”), by and through its attorney Robert Freeman, who hereby stipulate that the deadline for Plaintiff to respond to Defendant LVMPD Motions to Dismiss and Joinder [ECF Nos. 37 and 38] be extended pursuant to Local Rule IA 6-1.
This is the second request for an extension of the deadlines. In support of this Stipulation and Request, the parties state as follows:
1. Defendant LVMPD filed their Motions to Dismiss on October 21, 2022 [ECF Nos. 37 and 38].
2. Plaintiff's deadline to respond to the Motions to Dismiss was November 4, 2022.
3. The parties stipulated to extend the deadline to December 6, 2022 to allow counsel for Plaintiff to file a motion to be added to the Protective Order in place in the underlying criminal case so that Plaintiffs may share the criminal discovery with undersigned counsel. The discovery is necessary to further plead the complaint in this case in response to arguments made in the currently pending Motions to Dismiss.
4. Prior to filing the first stipulation and the motion, counsel for Plaintiff also conferred with the local U.S. Attorneys' office regarding the same. Counsel have determined that a motion will be necessary to allow counsel for Plaintiff to be added to the Protective Order in the underlying criminal case so that discovery may be reviewed by counsel for Plaintiff and used to further plead the complaint in this case. It is also undersigned counsel's understanding that the United States has no objection to Plaintiff's counsel being added to the protective order upon further motion and order of the court.
5. On November 18, 2022, Plaintiff's counsel filed a Motion to Be Added to the Protective Order in the Underlying Criminal Case [ECF No. 44] in this case. The Court has not yet ruled on this motion, however, in another case arising out of the same criminal prosecution, the Motion was denied by Magistrate Judge Youchah without prejudice by Minute Order on November 21, 2022 directing Plaintiff's counsel to file the motion in the underlying criminal case.
6. To allow time for Plaintiff's counsel to file the motion in the criminal case, to allow the Court time to rule on the motion, and to allow Plaintiff's counsel to review the underlying criminal discovery for purposes of prosecuting this civil case and further responding to the pending Motions to Dismiss and/or filing an Amended Complaint, the parties have stipulated to extend Plaintiff's response deadline to the Motions to Dismiss to January 18, 2023. The parties have further stipulated to allow Defendant LVMPD until February 15, 2023 to file its response to Plaintiff's filing.
7. This Request for an extension of time is not sought for any improper purpose or other purpose of delay. Rather, it is sought by the parties solely to allow sufficient time for Plaintiff's counsel to file the motion in the criminal case, to allow the Court time to rule on the motion, and to allow Plaintiff's counsel to review the underlying criminal discovery for purposes of prosecuting this civil case and further responding to the pending Motions to Dismiss and/or filing an Amended Complaint.
WHEREFORE, the parties respectfully request that the Court extend the deadlines as stipulated to herein.
IT IS SO ORDERED.