Opinion
3:18-cv-00551-MMD-CLB
11-22-2022
NORMAN SHAW, et al., Plaintiff, v. SCOTT DAVIS, et al., Defendants.
AARON D. FORD Attorney General, WILLIAM P. SHOGREN, Deputy Attorney General, Attorneys for Defendants Renee Baker, Tara Carpenter, 7 Scott Davis, and Harold Wickham.
AARON D. FORD Attorney General, WILLIAM P. SHOGREN, Deputy Attorney General, Attorneys for Defendants Renee Baker, Tara Carpenter, 7 Scott Davis, and Harold Wickham.
ORDER GRANTING STIPULATION TO EXTEND THE DEADLINE TO FILE A PROPOSED JOINT PRETRIAL ORDER
MIRANDA M. DU UNITED STATES DISTRICT COURT JUDGE.
Plaintiffs, Joseph Cowart, Brian Kamedula, Norman Shaw, and Charles Wirth, proceeding pro se, and Defendants, Renee Baker, Tara Carpenter, Scott Davis, and Harold Wickham, by and through counsel, Aaron D. Ford, Nevada Attorney General, and William P. Shogren, Deputy Attorney General, hereby stipulate and agree to extend the deadline to file a Proposed Joint Pretrial Order to February 28, 2023.
The current deadline for the parties to submit their Proposed Joint Pretrial Order is November 24, 2022. The parties stipulate to extend this deadline until February 28, 2023.
I. GOOD CAUSE SUPPORTS THE REQUEST
Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as follows:
When an act may or must be done within a specified time the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect.
Undersigned Counsel spoke with Plaintiffs Cowart and Shaw both on November 3, 2022, to discuss the Joint Pretrial Order. Shaw indicates that he will be released from Nevada Department of Corrections custody sometime in January 2023. Plaintiffs require an extension of the Joint Pretrial Order deadline to a time after Shaw's release from custody, so that Shaw may better research and prepare the Joint Pretrial Order. Currently, Plaintiffs are having difficulty conferring while Plaintiffs Cowart and Shaw are in custody. Additionally, Plaintiffs filed a Motion to Supplement their First Amended Complaint, which is still pending with this Court. If this Court grants the Motion, the Joint Pretrial Order deadline will likely be extended, reset, or vacated.
Additionally, the Parties' request is timely and will not hinder Plaintiffs' case as all parties agree to the extension. Therefore, neither Plaintiffs nor Defendants are prejudiced by this extension.
The Parties stipulate that the requisite good cause is present to warrant the requested extension of time, and, therefore, request the Court extend the deadline to file the Proposed Joint Pretrial Order to February 28, 2023.
IT IS SO ORDERED.