Carley v. Gentry

Opinion

4 LISA A. RASMUSSEN, ESQ. Nevada Bar No. 7491 9 THE LAW OFFICES OF KRISTINA WILDEVELD & ASSOCIATES 3, || 550 E. Charleston Blvd., Suite A Las Vegas, NV 89104 4 Phone (702) 222-0007 Fax (702) 222-0001 5 Email: Lisa@Veldlaw.com Attorneys for Plaintiff Elizabeth Carley 6 AARON D. FORD 7 Attorney General DOUGLAS R. RANDS (Bar No. 3572) . Senior Deputy Attorney General Bs State of Nevada 9 OFFICE OF THE ATTORNEY GENERAL 100 N. Carson Street 2 10|| Las Vegas, Nevada 89701-4717 (775) 684-1150 (phone) Email: drands@ag.nv.gov Attorneys for Defendants James Dzurenda, Charles Daniels, Sheryl Foster, Jo Gentry, Tanya Hill, Gabriela Najera, 2 q Dwight Neven, Cynthia Ruiz, Kim Thomas, and Patrick Vejar 13 4 3 DISTRICT OF NEVADA za J ELIZABETH CARLEY, ) ) CASE NO. 2:17-cv-02670-MMD-VCF Plaintiff, ) 17 ) JOINT STIPULATION AND ORDER TO Vs. ) EXTEND THE JOINT PRETRIAL 18 ) ORDER DEADLINE FROM NEVEN, et al., ) SEPTEMBER 28, 2022, TO 19 ) OCTOBER 5, 2022 Defendants. ) (Fifth Request)

71 Plaintiff ELIZABETH CARLEY, by and through her counsel of record, Lisa A. 22 Rasmussen, Esq. of The Law Offices of Kristina Wildeveld & Associates, and Defendants, 73)! SHERYL FOSTER, PATRICK VEJAR, JO GENTRY, JAMES DZURENDA, CHARLES 24 DANIELS, GABRIELA NAJERA, TANYA HILL, DWIGHT NEVEN, CYNTHIA RUIZ, by

1 through their counsel, Aaron D. Ford, Nevada Attorney General, and Douglas R. Rands, Senior Deputy Attorney General, of the State of Nevada, Office of the Attorney General, hereby submit 2 puly y y 3 Joint Stipulation and Order to Extend the Joint Pretrial Order Deadline from September 28, 4 2022 to October 5, 2022.

6 The Parties hereby move to extend the Joint Pretrial Order deadline from September 28, 7 2022 to October 5, 2022 (7 days). The Joint Pretrial Order is due today. Counsel for Plaintiff, g || Ms. Carley, prepared a draft of the Joint Pretrial Order that they sent to Mr. Rands yesterday g 9 afternoon. Mr. Rands, counsel for all defendants, emailed last night to advise that he is currently

: 10 in trial and he will not be able to complete his portions of the Joint Pretrial Order today as a result. Accordingly, the parties seek a one week extension of time to file the Joint Pretrial Order

and submit to the Court that the fact that Mr. Rands is in trial constitutes good cause. 3% 14 Federal Rule of Civil Procedure 6(b)(1) provides: 5 2 15 (1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time: ae 16 (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 17 (B) on motion made after the time has expired if the party failed to act because of excusable neglect. R. CIV. P. 6(b)(1).! 19 20 21) Vdd ' LR IA 6-1(a) provided that “[a] motion or stipulation to extend time must state the reasons for 22 the extension requested and must inform the court of all previous extensions of the subject deadline the court granted.” Further, a “stipulation or motion seeking to extend the time to file an 23] opposition or reply to a motion, or to extend the time fixed for hearing a motion, must state in its opening paragraph the filing date of the subject motion or the date of the subject hearing.” LR JA 6-1(c).

+

1 The United States Supreme Court has recognized, “Rule 6(b) gives the court extensive

9 flexibility to modify the fixed time periods found throughout the rules, whether the enlargement 3 is sought before or after the actual termination of the allotted time.” Further, this rule is to be

4 liberally construed to effectuate the general purpose of seeing that cases, and other disputed 5 issues, are decided on the merits.* Regarding “Good cause,” it is a non-rigorous standard that has

6 been construed broadly across procedural and statutory contexts. Consequently, requests for

7 extensions of time made before the applicable deadline has passed should “normally ... be granted 8 in the absence of bad faith on the part of the party seeking relief or prejudice to the adverse : é arty.”° g 9 parly

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BE

19 Lujan v. Nat’l Wildlife Fed., 497 U.S. 871, 906 n. 7 (1990) (internal quotation marks and citation Omitted) (emphasis added); see also Perez-Denison v. Kaiser Found. Health Plan of the Nw., 868 F. Supp. 2d 1065, 1079 (D. Or. 2012) (citing and quoting Lujan, 497 U.S. at 906). > Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9th Cir. 2010). * Id. (citing Venegas—Hernandez v. Sonolux Records, 370 F.3d 183, 187 (1st Cir.2004), Thomas Brennan, 961 F.2d 612, 619 (7th Cir.1992), Lolatchy v. Arthur Murray, Inc., 816 F.2d 951, 954 93 (4th Cir.1987)). > Ahanchian, 624 F.3d at 1259 (quoting 4B Charles Alan Wright & Arthur R. Miller, Federal 24 Practice and Procedure § 1165 (3d ed. 2004)).

3 For the foregoing reasons, the Parties request an extension of the Joint Pretrial Order

4 deadline from September 28, 2022 to October 5, 2022.

5 DATED this 28" day of September, 2022. DATED this 28" day of September, 2022.

6 PHE LAW OFFICES OF KRISTINA WILDEVELD OFFICE OF THE ATTORNEY GENERAL & ASSOCIATES, 7 By: /s/ Douglas R. Rands By: /s/ Lisa A. Rasmussen DOUGLAS R. RANDS (NV Bar 3572) g || LISA A. RASMUSSEN, ESQ. (NV Bar 7491) Senior Deputy Attorney General 550 E. Charleston Blvd, Ste. A 100 N. Carson Street a g || Las Vegas, NV 89104 Carson City, NV 89701-4717 Tel: (702) 222-0007 Attorneys for Defendants : 10|| Lisa@VeldLaw.com 2 Attorneys for Plaintiff, Elizabeth Carley

12 IT IS SO ORDERED:

38 14 UNITED STATES MAGISTRATE JUDGE

48 15 9-29-2022 DATED: RE 16 17 18 19 20 21 22 23 24

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