Opinion
2:21-cv-01505-APG-EJY
04-06-2022
DONAVAN McINTOSH, Plaintiff, v. CITY OF NORTH LAS VEGAS, a Municipal Corporation and political subdivision of the State of Nevada; PAMELA OJEDA in her official and/or individual capacities; CLINTON RYAN in his official and/or individual capacities; ALEJANDRO RODRIGUEZ in his official and/or individual capacities; DOES I-X, Defendants.
HONE LAW Jill Garcia, Eric D. Hone, Attorneys for Defendants KEMP & KEMP, ATTORNEYS AT LAW James P. Kemp, Attorneys for Plaintiff
HONE LAW Jill Garcia, Eric D. Hone, Attorneys for Defendants
KEMP & KEMP, ATTORNEYS AT LAW James P. Kemp, Attorneys for Plaintiff
JOINT STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE DATE OF EARLY NEUTRAL EVALUATION SESSION
[FIRST REQUEST]
Plaintiff Donavan McIntosh (“Plaintiff”) and Defendants City of North Las Vegas, Pamela Ojeda, Clinton Ryan and Alejandro Rodriquez (“Defendants”) (“Parties”), by and through their respective undersigned counsel, submit the following Joint Stipulated Request and [Proposed] Order to Continue the April 26, 2022 Early Neutral Evaluation Session (“ENE”) [ECF No. 14] request as follows:
On August 13, 2021, the Court scheduled the ENE for October 13, 2021 and further set the deadline to submit Confidential ENE Statements for October 6, 2021. [ECF No. 7]. On October 13, 2021, the Court conferred with both parties and the matter did not get resolved.
The Court continued the ENE to April 26, 2022 at 10:00 a.m. and set a deadline of April 19, 2022 for supplemental confidential statements. / / 1
On January 17, 2022, Plaintiff filed a Motion to Extend Discovery Deadlines requesting to extend the discovery cutoff for a period of 120 days because Plaintiff was having surgery and counsel had conflicts requiring additional time to complete discovery. On February 8, 2022, the Court granted Plaintiff's Motion moving the discovery cutoff date to June 7, 2022. Plaintiff's deposition is currently scheduled for April 21, 2022 and the Parties anticipate scheduling the remaining depositions for the months of April and May.
Therefore, the Parties respectfully request the ENE Session be continued for a period of not less than thirty (30) days such that the Parties can complete substantive discovery prior to reengaging in settlement discussions.
The Parties and their client representatives are available on June 6, 8, 13, 14 and 16, 2022.
The Parties hereby request that the Court continue the April 26, 2022 ENE to one of the proposed dates contained herein. 2
This Joint Request and Proposed Order is sought in good faith and not for the purposes of delay.
This is the first request to continue the ENE.
ORDER
IT IS HEREBY ORDERED that the Early Neutral Evaluation in this matter will be June 8 1000 rescheduled to, 2022 at a.m.-/p.m. The supplemental confidential statements will be due to chambers one week prior, on, 2022 at: a.m./p.m. 3