Cavanagh v. State of Nevada ex rel. Nevada Office of the Military

• Court: District Court, D. Nevada
• Decided: July 10, 2025
• Docket: 2:25-cv-00919
• Status: Unknown

Opinion

1 LAWRENCE & LAWRENCE LAW, PLLC Nathan E. Lawrence, SBN 15060 2 || Joseph P. Lawrence, SBN 16726 4 9480 S. Eastern Ave., Ste. 213 Las Vegas, Nevada 89123 4 || Telephone: 702-534-6556 5 Facsimile: 702-602-5168 nathan@law2esq.com 6 || joseph@law2esq.com 4 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 |} FELICIA CAVANAGH, as Special Case No.: 2:25-CV-00919-JAD-MDC Administrator of the Estate of ALLISON E. . = |! BAILEY, Deceased; FELICIA CAVANAGH, | sTIPULATION AND ORDER TO 1 individually; and TIM DUGGIN, as parent, EXTEND DEADLINE FOR custodian, andlor guarcian of minors C. L.D. PLAINTIFFS TO FILE RESPONSES TO 13 C.W.D.; collectively, ’ y RESPECTIVE DEFENDANTS MOTIONS TO DISMISS FIRST = Plaintiffs, AMENDED COMPLAINT [ECF Nos. 16 OD = 15 v. and 17] 16 |} STATE OF NEVADA ex rel. NEVADA 5 OFFICE OF THE MILITARY; et al., (First Request) < 18 Defendants. 19 Plaintiffs FELICIA CAVANAGH,, individually and as Special Administrator of the Estate 20 || of ALLISON E. BAILEY, and TIM DUGGIN, as parent, custodian, and/or guardian of minors 21 C.L.D. and C.W.D. (collectively, “Plaintiffs”), by and through their attorneys of the law firm of 22 || LAWRENCE & LAWRENCE LAW, PLLC, and Defendants STATE OF NEVADA ex rel. NEVADA 23 || OFFICE OF THE MILITARY; BRIG. GEN. ONDRA BERRY; BRIG. GEN. D. RODGER 24 ||“DAN” WATERS; STEPHEN F. SISOLAK; and JOSEPH M. LOMBARDO, by and through 25 || their respective undersigned counsel of the OFFICE OF THE ATTORNEY GENERAL FOR THE STATE 26 || OF NEVADA, hereby submit this Stipulation and Order to Extend the Deadline for Plaintiffs to 27 || File Responses to Respective Defendants’ Motions to Dismiss First Amended Complaint [ECF Nos. 16 and 17, the “Motions”]. This is the first stipulation to extend the indicated deadline R

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1 || following the filing by the Defendants of their respective motions on June 26, 2025, and this 2 || stipulation is presented to the Court in advance of the current deadline of July 10, 2025. For the 3 || foregoing reasons and as is more fully explicated below, the Parties stipulate to and respectfully 4 ||request that this Court extend the noted deadlines. This request for extension 1s made in good 5 || faith and not for the purpose of delay. 6 LEGAL STANDARD 7 Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, that 8 || “[w]hen an act may or must be done within a specified time, the court may, for good cause, extend 2 9 the time: (A) with or without motion or notice if the court acts, or if a request is made, before the 10 || original time or its extension expires.” If additional time for any purpose is needed, the proper 11 || procedure is to present a request for extension of time before the time fixed has expired. Canup 12 || v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). An extension of time may 2 13 ||always be sought and is usually granted on a showing of good cause if timely made under = 14 || subdivision (b)(1) of [FRCP 6]. Creedon v. Taubman, 8 F.R.D. 268 (N.D. Ohio 1947). Also, a = 15 || district court possesses the inherent power to control its own docket. Hamilton Copper & Steel 2 16 || Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Olivia v. Sullivan, 958 F.2d 17 272, 273 (9th Cir. 1992). 18 LR IA 6-1 additionally requires that a motion to extend time must state the reasons for the 19 || extension requested and will not be granted if requested after the expiration of the specified period 20 |} unless the movant demonstrates that the failure to file the motion before the deadline expired 21 |} resulted because of excusable neglect. LR 26-3 requires that a motion to extend any date set by 22 || the discovery plan, scheduling order, or other order must, as well as satisfying the requirements 23 ||} of LR JA 6-1, demonstrate good cause for the extension. 24 |/ II. ARGUMENT 25 Plaintiffs’ counsel is actively working to timely complete the responses to Defendant’s 26 |} concurrently filed comprehensive dispositive Motions, however, a brief extension has become 27 necessary. During the current response period, Plaintiffs counsel was out of the state for portions of nine days on previously scheduled family trips (coinciding with the July 4 Independence Day

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1 |{holiday). The parties stipulate that counsel’s unavailability during this timeframe 2 ||/constitutes good cause for the requested extension. Accordingly, the parties stipulate 3 ||that the time for Plaintiffs to file their response to Defendants pending Motions be 4 || extended from July 10, 2025, to July 24, 2025. > IT IS SO STIPULATED. 6 DATED this 8" day of June 2025. DATED this 8" day of June 2025. 7 LAWRENCE & yA) RENCE LAW, PLLC AARON D. FORD, Attorney General

_ 9 Loe dhs /s/ Nicole N. Ting 3 19 || Nathan Lawrence, NBN 15060 NICOLE N. TING, Deputy Attorney General Joseph P. Lawrence, NBN 16726 Nevada Bar No. 12289 & 11 || 9480 S. Eastern Ave.. Ste. 213 Office of the Nevada Attorney General 0192 100 N. Carson Street OD 12 a vets Neat esse Carson City, NV 89701-4717 = || [etephone: 702-534-6556 Telephone: (775) 684-1213 nathan@law2esq.com Attorneys for the State of Nevada ex rel. Nevada joseph@law2esq.com Office of the Military, Brig. Gen. Ondra Berry, 15 . . ec +s Attorneys for Plaintiffs and Brig. Gen. D. Rodger “Dan” Waters 16 AARON D. FORD, Attorney General = < 18 /s/ Jessica E. Whelan JESSICA E. WHELAN, Chief Deputy Solicitor 19 General — Litigation, Nevada Bar No. 14781 20 Office of the Nevada Attorney General 1 State of Nevada Way, Ste. 100 21 Las Vegas, Nevada 89119 Telephone: (702) 486-3420 22 . jwhelan@ag.nv.gov 23 Attorneys for Defendants Governor Joseph P. Lombardo and Governor Stephen F. Sisolak 24 25 IT IS SO ORDERED. 26 27 Nee 28 UNITED STATES DISTRICTAUDGE —_ Page 3 of 3