Ansara v. Maldonado

District Court, D. Nevada·Decided March 17, 2021·No. 2:19-cv-01394·Unknown

Opinion

BENJAMIN CLOWARD, ESQ. 2 Nevada Bar No. 11087 SAMANTHA A. MARTIN, ESQ. 3 Nevada Bar No. 12998 RICHARD HARRIS LAW FIRM 5 801 South Fourth Street 6 Las Vegas, Nevada 89101 Telephone: (702) 444-4444 7 Fax: (702) 444-4455 E-Mail: SMartin@richardharrislaw.com 8 Attorneys for Plaintiffs 9 UNITED STATE DISTRICT COURT 10 DISTRICT OF NEVADA 11 ROBERT ANSARA, as Special ) CASE NO.: 2:19-CV-01394-GMN-VCF 12 Administrator of the estate of D.B., born ) 13 December 18, 2015 and died August 15, ) STIPULATION AND ORDER TO 2017 and GABRIELLE BRANON- ) EXTEND DISCOVERY (Third 14 CHESLEY, individually, as the Natural ) Request) Mother of D.B., DAVID BANKS, ) 15 individually and as the Natural Father of ) 16 D.B., ) ) 17 Plaintiffs, ) ) 18 v. ) 19 ) GLORIA MALDONADO, individually; ) 20 AUDRA GUITERREZ, individually; ) CLARK COUNTY, a Political Subdivision 21 of the State of Nevada, DOE individuals I- ) ) XX; ROE CLARK COUNTY 22 ) DEPARTMENT OF FAMILY SERVICES ) 23 EMPLOYEES I-XX, individually and in ) their official capacities; TROPICANA DE, 24 LLC, d/b/a SIEGAL SUITES OF ) ) TROPICANA, a Foreign Limited Liability 25 ) Corporation; AND DOE SECURITY ) 26 COMPANY and ZOE CORPORATIONS ) XXI-XXX, 27 ) Defendants. ) 28 ____________________________________ ) 1 2 extended two hundred and forty (240) days until December 10, 2021. 3 This litigation arose out of an alleged wrongful death that occurred on August 15, 2017. 5 The parties have engaged in extensive motion work during the pendency of this litigation, as 6 summarized below: 7 1. Plaintiffs filed their original Complaint on (ECF No. 5) on August 14, 8 2019. 9 2. A First Amended Complaint (ECF No. 5) was filed on August 15, 2019. 10 3. Defendant Tropicana DE, LLC filed their Motion to Dismiss (ECF No. 16) 11 on September 9, 2019. 12 4. Plaintiffs filed their Opposition to Defendant Tropicana’s Motion (ECF 13 No. 21) on September 30, 2019. 14 5. Defendant Tropicana filed their Reply (ECF no. 28) thereto on October 7, 15 2019. 16 6. Plaintiffs filed a Motion for leave to file a Second Amended Complaint 17 (ECF no. 31) on October 8, 2019. 18 7. Defendant Richard Whitley filed a Motion to Dismiss (ECF No. 41) on 19 October 24, 2019. 20 8. Defendants Clark County, Gloria Maldonado, Audra Gutierrez/Guerro, 21 Yolanda King and Tim Burch filed their Joinder to Richard Whitley’s 22 Motion to Dismiss (ECF No. 42); and their Separate Motion to Dismiss 23 (ECF No.45) on October 31, 2019. 24 9. Plaintiffs filed an Opposition (ECF No. 48) to Richard Whitley’s Motion 25 to Dismiss on November 8, 2019. 26 10. Defendant Richard Whitley filed a Reply to Plaintiff’s Opposition (ECF 27 No. 50) on November 13, 2019. 28 11. Defendant Clark County, Gloria Maldonado, Audra Gutierrez/Guerro, Yolanda King and Tim Burch filed their Joinder to Richard Whitley’s 2 2 2019. 3 12. Defendant Clark County, Gloria Maldonado, Audra Gutierrez/Guerro, 5 Yolanda King and Tim Burch filed their Reply to Plaintiffs’ Opposition to 6 Dismiss Plaintiffs’ First Amended Complaint (ECF no. 56) on November 7 26, 2019. 8 13. The Court entered an Order (ECF No. 63) regarding the Motions to 9 Dismiss filed by all Defendants (ECF Nos. 16, 41, and 45) as well as 10 Plaintiffs Motion to Amend (ECF No. 31) on May 7, 2020. In that Order, 11 the Court granted in part and denied in part Defendants’ Motions as well 12 as Plaintiffs’ Motion to Amend. Specifically, the Court held that the claims 13 against the Defendants were dismissed without prejudice but that 14 Plaintiffs’ Motion to Amend was granted in part and denied in part. ECF 15 No. 63 P. 20:1-20. Plaintiffs were awarded twenty-one (21) days from the 16 date of the Order to file a Second Amended Complaint. 17 14. Plaintiffs filed their Second Amended Complaint (ECF No. 64) on May 18 28, 2020. 19 15. A Stipulation and Order of Dismissal of Defendants Yolanda King and 20 Timothy Burch with Prejudice was signed and entered on June 5, 2020 21 (ECF No. 69). 22 15. Defendant Tropicana filed their Motion to Dismiss Plaintiffs’ Second 23 Amended Complaint (ECF No. 70) on June 11, 2020. 24 16. Defendant Clark County, et. al., filed their Motion to Dismiss Plaintiffs’ 25 Second Amended Complaint (ECF No. 72) on June 25, 2020. 26 17. The Stipulation and Order for Extension to Respond to Defendant 27 Tropicana DE, LLC Motion to Dismiss (ECF No. 74) was entered on June 28 26, 2020. This stipulation granted Plaintiffs until July 27, 2020 to Oppose Defendant’s Motion. 3 2 by Plaintiffs and counsel for Defendant Tropicana. This Stipulation 3 extended Plaintiffs time to oppose Defendant’s Motion to Dismiss 5 Plaintiffs Second Amended Complaint from July 27, 2020 until September 6 10, 2020. This Order was entered on July 21, 2020 (ECF No. 82). 7 19. On July 23, 2020, the Court entered an Order on the Stipulation for 8 Extension to Respond to Defendant Clark County et. al.’s Motion to 9 Dismiss Plaintiffs Second Amended Complaint (ECF No. 84). This Order 10 granted Plaintiffs an extension until August 31, 2020 to respond to said 11 Motion. 12 20. On August 31, 2020, the Court entered an Order extending discovery - 13 second request (ECF No. 86). 14 21. On September 1, 2020, Plaintiffs’ Response to Motion to Dismiss was filed 15 (ECF No. 87). 16 22. On September 3, 2020, the Court entered an Order re extension of time 17 (First Request) to Reply re Motion to Dismiss, (ECF No 88). 18 23. On September 9, 2020, Plaintiffs filed Response to Motion to Dismiss 19 (ECF No. 90). 20 24. On September 9, 2020, Plaintiffs filed Motion to Amend Complaint (ECF 21 No. 91). 22 25. On September 11, 2020, The Court entered Order regarding Defendant 23 Tropicana De, LLC’s Stipulation for Substitution of Attorneys (ECF No. 24 93). 25 26. On September 16, 2020, Defendant Tropicana De, LLC filed a Reply 26 regarding Motion to Dismiss (ECF No. 94). 27 27. On September 23, 2020, Defendant filed Response to Motion to Amend 28 Complaint (ECF No. 95). 4 2 Deadlines to Reply to Motion to Dismiss (ECF No. 97). 3 29. On October 5, 2020, the Court entered an Order granting Stipulation to 5 Extend Deadline to Reply to Motion to Amend Complaint. (ECF No. 99) 6 30. On October 5, 2020, Plaintiffs filed a Reply regarding Motion to Amend 7 (ECF No. 100). 8 31. On October 9, 2020, Defendants Clark County, Audra Gutierrez, Gloria 9 Maldonado filed a Response to Motion to Amend (ECF No. 101). 10 32. On October 9, 2020, Defendants Clark County, Audra Gutierrez, Gloria 11 Maldonado filed a Reply regarding Motion to Dismiss (ECF No. 102). 12 33. On October 9, 2020, Defendants Clark County, Audra Gutierrez, Gloria 13 Maldonado filed a Motion to Leave to File Exhibits Under Seal (ECF No. 14 103). 15 34. On October 15, 2020, the Court entered an Order granting Stipulation to 16 file Reply re Motion to Amend (ECF No. 106). 17 35. On November 10, 2020, the parties filed a Joint Status Report (ECF No. 18 108) 19 36. On November 20, 2020, the Court entered an Order granting Stipulation 20 for Extension of Time (Second Request) to Reply to Plaintiffs’ 21 Countermotion to Amend Complaint (ECF No. 111). 22 37. On November 20, 2020, Plaintiffs filed a Reply re Motion to Amend (ECF 23 No. 112). 24 38. On February 22, 2021, the Court entered an Order Denying Defendant 25 Tropicana’s Motion to Dismiss, Granting in Part and Denying in Part 26 Clark County Defendants’ Motion to Dismiss, Granting Clark County 27 Defendants’ Motion for Leave to File, and Denying without prejudice 28 Plaintiff’s Motion to Amend (ECF No. 113). 5 2 Amended Complaint (ECF No. 114). 3 40. On March 9, 2021, Defendants Clark County, Audra Gutierrez, Gloria 5 Maldonado filed Answer to Second Amended Complaint (ECF No. 115). 6 7 In January 2021, counsel for Plaintiffs Samantha A. Martin, Esq. found out that she was 8 pregnant with a due date in August 2021. It is Ms.

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Ansara v. Maldonado, (D. Nev. 2021).

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