Garay v. City of Las Vegas

Opinion

Ernest I. Herrera (pro hac vice) Luis L. Lozada (pro hac vice) AND EDUCATIONAL FUND 634 South Spring Street, 11th Floor Los Angeles, CA 90014 Telephone: (213) 629-2512 Facsimile: (213) 629-0266 Email: eherrera@maldef.org llozada@ma ldef.org F.Travis Buchanan, Esq. NV Bar No. 9371 F.TRAVIS BUCHANAN, ESQ., & ASSOC., PLLC 701 East Bridger, Suite 540 Las Vegas, NV 89101 Telephone: (702) 331-5478 Facsimile: (702) 629-6919 Email: FtbLaw@gmail.com Attorneys for Plaintiffs DISTRICT OF NEVADA ALICIA INES MOYA GARAY, JUAN Case No.: 2:20-cv-00119-GMN-EJY JAIME LOPEZ-JIMENEZ, and ARRIBA LAS VEGAS WORKER CENTER, STIPULATION AND [PROPOSED] ORDER TO EXTEND SCHEDULING DEADLINES Plaintiffs, (F IRST REQUEST) vs. STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Defendants. Under LR IA 6-1 and LR 26-3, the Parties, by and through their respective counsel of record, stipulate and request that this Court extend the Scheduling Deadlines in the above- captioned case. Plaintiffs Alicia Ines Moya Garay, Juan Jaime Lopez-Jimenez, and Arriba Las Vegas Worker Center (“Plaintiffs”) and Defendants City of Las Vegas, United States Immigration and Customs Enforcement, et al. (“Defendants”) stipulate and respectfully request a five-month extension of the current scheduling order deadlines. In support of this Stipulation and Request, the Parties state as follows: Plaintiffs Alicia Ines Moya Garay, Juan Jaime Lopez-Jimenez, and Arriba Las Vegas Worker Center (“Plaintiffs”) filed their Fourth Amended Complaint on November 5, 2024. Defendant United States Customs and Immigration Enforcement, et al. (“Federal Defendants”) filed a motion to dismiss Plaintiff’s Fourth Amended Complaint on December 17, 2024. Defendant City of Las Vegas, et al. (“City Defendants”) filed an answer to the Fourth Amended Complaint on December 17, 2024. Federal Defendants made their initial disclosures on February 4, 2025. City Defendants propounded their Second Set of Requests for Production of Documents and Interrogatories on June 5, 2025. The Court entered an order denying Federal Defendants’ motion to dismiss Plaintiffs’ Fourth Amended Complaint on June 13, 2025. Plaintiffs have not amended their pleadings or added any parties to this action since filing their Fourth Amended Complaint. Further, none of the Parties have disclosed experts or rebuttal experts as specified in the Stipulated Discovery Plan and Scheduling Order [dkt. 141]. The Parties in this case continue to propound and respond to written discovery, and must conduct depositions. / / / / / / The Parties seek an extension of the scheduling deadlines. An extension of dates and deadlines requires good and just cause. See LR 26-3. A party may show good cause to modify a schedule date “if it cannot reasonably be met despite the diligence of the party seeking the extension.” See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Prejudice to “the party opposing the modification” may also be relevant. See id. Plaintiffs met and conferred with City Defendants and Federal Defendants, respectively, on June 17 and 18, 2025. Defendants do not oppose an extension of the scheduling deadlines. Plaintiffs understood that they were unable to conduct written discovery until the pending motion to dismiss was adjudicated, which occurred on June 13, 2025. Further, Federal Defendants believed that they should not be subject to discovery until the Court determined which, if any, claims Plaintiffs may assert against them, as well as questions concerning the organizational plaintiff’s standing. Because of the pending motion to dismiss that was recently adjudicated and because Defendants do not oppose the request, the Parties demonstrate good and just cause for the extension. The Parties respectfully request a five-month extension of the current scheduling order deadlines in accordance the proposed scheduling order below. 1.Discovery Cut-Off Date December 8, 2025 2.Dispositive Motions Due January 23, 2026 3.All Other Motions Due February 9, 2026 4.Pretrial Order March 9, 2026 5.Pretrial Conference March 26, 2026 6.Jury Trial (City Defendants) (estimated 2 weeks) April 9, 2026 7.Bench Trial (Federal Defendants (estimated 2 weeks) April 9, 2026 Dated: June 20, 2025 AND EDUCATIONAL FUND Las Vegas City Attorney /s/ Luis L. Lozada /s/ Paul Mata Luis L. Lozada Deputy City Attorney Ernest I. Herrera NV Bar No. 14922 MEXICAN AMERICAN LEGAL DEFENSE 495 South Main Street, 6th Floor AND EDUCATIONAL FUND Las Vegas, NV 89101 634 South Spring Street, 11 Floor Los Angeles, CA 90014 Attorneys for City Defendants Telephone: (213) 629-2512 F.Travis Buchanan, Esq. U.S. DEPARTMENT OF JUSTICE NV Bar No. 9371 Office of Immigration Litigation & ASSOC., PLLC /s/ Matthew P. Seamon 701 East Bridger, Suite 540 Senior Litiga tion Counsel Las Vegas, NV 89101 P.O. Box 868, Ben Franklin Station Telephone: (702) 331-5478 Washington, D.C. 20044 Attorneys for Plaintiffs Attorneys for Federal Defendants IT IS SO ORDERED. ____________________________________ UNITED STATES MAGISTRATE JUDGE DATED: June 23, 2025