Opinion
2:22-cv-01786-APG-DJA
02-24-2023
IEHAB HAWATMEH, individually; YASMEEN HAWATMEH, individually; LAYTH HAWATMEH, individually; and IEHAB HAWATMEH, as Administrator of the ESTATE OF JOSEPH HAWATMEH, deceased, Plaintiff, v. CITY OF HENDERSON, et al., Defendants.
ROGER P. CROTEAU & ASSOCIATES, LTD. ROGER P. CROTEAU, ESQ. TIMOTHY E. RHODA, ESQ. Attorney for Plaintiffs MARQUIS & AURBACH CRAIG R. ANDERSON, ESQ. Attorney for Defendants
ROGER P. CROTEAU & ASSOCIATES, LTD. ROGER P. CROTEAU, ESQ. TIMOTHY E. RHODA, ESQ. Attorney for Plaintiffs
MARQUIS & AURBACH CRAIG R. ANDERSON, ESQ. Attorney for Defendants
STIPULATION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS (2ND REQUEST) AND MOTION TO EXTEND DISCOVERY (1ST REQUEST)
DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE
COMES NOW, Plaintiffs, IEHAB HAWATMEH; YASMEEN HAWATMEH; LAYTH HAWATMEH; and IEHAB HAWATMEH, as Administrator of the ESTATE OF JOSEPH HAWATMEH, and Defendants, CITY OF HENDERSON; CITY OF HENDERSON POLICE DEPARTMENT; THEDRICK ANDRES; LIEUTENANT THOMAS CHIELLO; SERGEANT JAIME SMITH fka SERGEANT JAIME CLEAR; SERGEANT SETH VAN BEVEREN; OFFICER BRETT ANDERSON; OFFICER JESSE HEHN; OFFICER JESSE LUJAN; OFFICER JAMES PENDLETON; OFFICER LUIS AMEZCUA; OFFICER PHILIP DUFFY; OFFICER SETH PRICE, by and through their undersigned counsel, and hereby stipulate and agree as follows:
1. The Defendants hereto filed a Motion for Dismissal Pursuant to FRCP 12(b)(6) on December 13, 2022 [ECF #25]. A response to said Motion is presently due on or about February 26, 2023.
2. The Defendants hereto filed a Motion to Stay Discovery on February 14, 2023 [ECF #30]. A response to said Motion is presently due on or about February 28, 2023.
3. Although substantial discovery has not yet taken place in this matter, Plaintiffs have obtained thousands of pages of documents and a large number of audio and video files which are relevant to the claims and defenses herein. Plaintiffs' counsel requires additional time to review this evidence prior to responding to Defendants' Motion to Dismiss. In addition, Plaintiff's counsel has had and continues to have other work and family obligations that have reduced the time available to respond to both of the subject motions.
4. Plaintiff's counsel has requested and shall be granted an additional extension of time in which to respond to Defendants' Motion to Dismiss until March 20, 2023.
5. Plaintiff's counsel has requested and shall be granted an extension of time in which to respond to Defendants' Motion to Stay Discovery until March 15, 2023.
6. This Stipulation is made in good faith and not for purpose of delay.
IT IS SOORDERED.