Opinion
No 221-cv-01312-APG-EJY
11-15-2022
BRETT WAGGONER, an Individual Plaintiff, v. NYE COUNTY; CHRIS ARABIA, in his individual and official capacity; LEO BLUNDO, in his individual and official capacity; DOES I-X; ROE CORPORATIONS I-X, Defendants.
Rebecca Bruch, Esq. Nevada Bar No. 7289 Lemons, Grundy & Eisenberg Reno, Nevada 89519 Attorney for Defendant Nye County LAW OFFICES OF MICHAEL P. BALABAN MICHAEL P. BALABAN, ESQ. (SBN9370) Nevada Bar 7289 MARQUIS AURBACH COFFING BRIAN R. HARDY, ESQ. (SBN10068) KATHLEEN A. WILDE, ESQ (SBN12522) Attorneys for Defendants Arabia and Blundo
Rebecca Bruch, Esq. Nevada Bar No. 7289
Lemons, Grundy & Eisenberg Reno, Nevada 89519 Attorney for Defendant Nye County
LAW OFFICES OF MICHAEL P. BALABAN
MICHAEL P. BALABAN, ESQ. (SBN9370) Nevada Bar 7289
MARQUIS AURBACH COFFING
BRIAN R. HARDY, ESQ. (SBN10068)
KATHLEEN A. WILDE, ESQ (SBN12522)
Attorneys for Defendants Arabia and Blundo
STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS (FOURTH REQUEST)
ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE
The parties through their counsel of record, Michael Balaban, Esq., on behalf of Plaintiff Brett Waggoner (“Waggoner”); Brian Hardy, Esq., of Marquis Aurbach Coffing, on behalf of Nye County District Attorney Chris Arabia (“Arabia”) and Nye County Commissioner Leo Blundo (“Blundo”); and Rebecca Bruch, Esq., of Lemons, Grundy & Eisenberg, on behalf of Nye County (“the County”), pursuant to Local Rules LR IA 6-1 and LR 26-4, hereby stipulate to extend the deadline for dispositive motions, subject to the Court's approval. This is the fourth request for an extension of the deadline for dispositive motions. This requested extension is sought in good faith and not for the purposes of delay.
MEMORANDUM OF POINTS AND AUTHORITIES
I. LEGAL AUTHORITIY
Fed. R. Civ. P. 16(b)4) governs the modification of discovery plans and scheduling orders. Rule 16 provides that “[a] schedule may be modified only for good cause and with the judge's consent.” Fed.R.Civ.P. 16(b)(4). The “good cause” standard focuses primarily on the movant's diligence. Coleman v Quaker Oats Co., 232 F.3d 1271, 1294-95 (9th Cir. 2000). Local Rule 26-4 provides that discovery plans and scheduling orders may be modified for good cause, provided that a motion to extend is made “no later than twenty-one (21) days before the expiration of the subject deadline.” LR 6-4.
On September 15, 2022, the Court granted a stipulation to extend discovery and dispositive motions. Dispositive motions were extended to December 5, 2022. Counsel for Nye County has been out of the country for almost two weeks in November. In addition, Counsel for Nye County has staffing issues which have and continue to cause delays. Holiday closures also are anticipated to cause delays.
Given the above, and based on the calendars of counsel for the parties, they would stipulate to and request the dispositive motions and pretrial order dates be extended as follows:
Dispositive Motions: The parties propose extending the deadline for filing dispositive motions by 35 days, until January 10, 2023. Oppositions would be filed by February 10, 2023. Responses would be filed by March 3, 2023.
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Joint Pretrial Order: The parties propose extending the deadline for filing the joint pretrial order to February 10, 2023, unless one or more dispositive motions are pending on this date thereby suspending the due date for the joint pretrial order to 30 days after the Court issues its order regarding such motion or motions.
IT IS SO ORDERED; provided, however, no further extensions of time to file dispositive motions will be granted.