Opinion
3:21-cv-00239-MMD-CLB
02-06-2023
LAUSTEVEION JOHNSON, Plaintiff, v. GAROFALO, et al.,
AARON D. FORD Attorney General ANDREW C. NELSON, Bar No. 15971 Deputy Attorney General State of Nevada Attorneys for Defendants James Dzurenda Joseph Ferro Micaela Garofalo, Guillermo Hernandez, William Hutchings, Monique Hubbard-Pickett, Marc LaFluer, Leo Martinez, Kimberley McCoy, Jennifer Nash, Francis Oakman, and Brian Williams
AARON D. FORD Attorney General ANDREW C. NELSON, Bar No. 15971 Deputy Attorney General State of Nevada Attorneys for Defendants James Dzurenda Joseph Ferro Micaela Garofalo, Guillermo Hernandez, William Hutchings, Monique Hubbard-Pickett, Marc LaFluer, Leo Martinez, Kimberley McCoy, Jennifer Nash, Francis Oakman, and Brian Williams
ORDER GRANTING STIPULATION AND ORDER TO EXTEND DISPOSITIVE MOTION DEADLINE (FIRST REQUEST)
Plaintiff, Lausteveion Johnson, pro se, and Defendants James Dzurenda, Joseph Ferro, Micaela Garofalo, Guillermo Hernandez, William Hutchings, Monique Hubbard-Pickett, Marc LaFluer, Leo Martinez, Kimberley McCoy, Jennifer Nash, Francis Oakman and Brian William,, by and through counsel, Aaron D. Ford, Nevada Attorney General, and Andrew C. Nelson, Deputy Attorney General, of the State of Nevada, Office of the Attorney General, hereby submit this Stipulation to Extend the current deadline to file dispositive motions in this matter (first request). The Court, in ECF No. 26, ordered Dispositive Motions be filed by February 8, 2023. (ECF No. 26 at 5:27-28; 6:1).
I. DISCOVERY COMPLETED BY THE PARTIES
The parties have served their initial disclosures and have propounded and responded to one another's written discovery. There are no expert disclosures.
II. DISCOVERY TO BE COMPLETED
Pursuant to this Court's Scheduling Order, ECF No. 26, discovery was to be completed by January 9, 2023. (ECF No. 26 at 6:12). Additionally, any discovery motions were to be filed by January 24, 2023. (Id. at 6:20-21.. However, Plaintiff recently filed a Motion to Comel, ECF No. 51, on February 2, 2023. As such, there is a pending Motion to Compel in this matter.
III. REASONS WHY DEADLINES WERE NOT MET
The parties submit that this extension is sought following the recent Evidentiary Hearing, held on January 27, 2023. (ECF No 49). This Court issued a Report & Recommendations of U.S. Magistrate Judge, ECF No. 50, in which the parties may file specific written objections within fourteen days of receipt. (ECF No. 50 at 10:8-10). Additionally, as this Court stated, this is not an appealable order, and any notice of appeal should not be entered until the entry of the District Court's judgment (Id. at 10:13-15). The parties met and conferred and agreed that an extension of thirty (30) days would be sufficient for either party to file specific written objections to the Report & Recommendations as well as sufficient time to obtain the District Court's judgment prior to submitting the parties' dispositive motions.
IV. GOOD CAUSE EXISTS To GRANT THE REQUEST EXTENSION
The parties agree that good cause exists given the recent submission of this Court's Report & Recommendations determining an underlying issue within this matter. The extension would allow the parties sufficient time to either object and/or utilize the District Court judgment in relation to the issues decided within the Report & Recommendation. Therefore, the parties submit that good cause does exist for this extension to file dispositive motions in this matter.
V. CURRENT AND PROPOSED SCHEDULE
The only remaining deadline set for consideration in this stipulation is an enlargement of the dispositive motion deadline from February 8, 2023 until March 9, 2023.
ORDER
SO ORDERED. Dispositive motions are due March 9. 2023