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 14 UNITED STATES DISTRICT COURT 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.

5 I. INTRODUCTION

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 LEGAL STANDARDS 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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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)).

2 II. CONCLUSION

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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