Gilberto Quiroz v. United States of America

Opinion

1 TDOepDuDty BALttAorNnCeyH GEe neral of the United States 2 SIGAL CHATTAH First Assistant United States Attorney District of Nevada 3 Nevada Bar No. 8264 4 JAMES R. SWEETIN Assistant United States Attorney 5 Nevada Bar No. 5144 501 Las Vegas Blvd. South, Suite 1100 Las Vegas, Nevada 89101 6 (702) 388-6336 James.Sweetin@usdoj.gov 7 Attorneys for the United States of America 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 Gilberto Quiroz, Case No. 2:24-cv-00706-RFB-MDC 11 Plaintiff, Stipulation and Order to Extend Discovery Deadlines v. 12 (Fifth Request) United States of America, 13 Defendant. 14 15 Pursuant to LR IA 6-1 and LR 26-3, Plaintiff Gilberto Quiroz and Federal 16 Defendant United States of America hereby stipulate that the stay of deadlines pursuant to 17 the Court’s General Order No. 2025-07 in the above-referenced matter is lifted and that the 18 discovery deadlines shall be extended as set forth below. There is a good cause for such 19 extension as the parties desire to mediate this matter and the recent re-assignment of this 20 matter to AUSA James R. Sweetin. This stipulated request is filed at least 21 days in 21 advance of the nearest deadline to be extended (close of discovery). 22 DISCOVERY COMPLETED 23 The parties have completed the following disclosures and discovery: 24 The parties served their respective initial disclosures. 1 Plaintiff executed HIPPA authorizations for his medical records on February 27, 2 2025. Defendant sent out corresponding subpoenas to medical providers. 3 Defendant sent discovery requests on March 10, 2025, which Plaintiff answered in 4 full on April 23, 2025. 5 The parties served their respective initial expert disclosures. 6 Plaintiff sent discovery requests on August 4, 2025, which Defendant answered in 7 part on September 29, 2025.

8 The parties served their respective rebuttal expert disclosures. 9 Defendant deposed Plaintiff on August 18, 2025. 10 Defendant deposed Dr. Thomas Dunn on September 4, 2025. 11 Defendant deposed Dr. Kenny Hanna on September 25, 2025. 12 DISCOVERY REMAINING 13 Plaintiff intends to depose Defendant driver. Further depositions of treating 14 providers, experts, and Plaintiff may be needed. Defendant will complete the remaining 15 discovery responses to Plaintiff’s requests for production. The parties will continue to 16 supplement their respective disclosure statements as needed. 17 WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

18 Undersigned AUSA was recently assigned to this matter and has also had to prioritize 19 answering and responding to habeas immigration cases, which have been regularly served 20 upon the United States Attorney’s Office in high volume since August. Finally, the parties 21 are mutually amenable to exploring mediation, which they hope could moot some or all of 22 the remaining discovery deadlines. For these reasons and in good cause, the parties request 23 a 90-day extension of all remaining discovery deadlines. 24 / / / 1 GOOD CAUSE EXISTS TO EXTEND THE DISCOVERY DEADLINES BY AN ADDITIONAL ONE HUNDRED AND TWENTY (90) DAYS 2 3 Under Federal Rule of Civil Procedure 6(b), a court may, “for good cause,” extend a 4 deadline if a request is made “before the original time or its extension requires.” Fed. R. Civ. 5 P. 6(b)(1)(A); see also Local Rule IA 6-1(a). The Ninth Circuit has equated good cause with 6 the exercise of due diligence. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th 7 Cir. 1992). Additionally, Fed. R. Civ. P. 6(b)(1) should “be liberally construed to effectuate 8 the general purpose of seeing that cases are tried on the merits,” and “requests for extensions 9 of time made before the applicable deadline has passed should normally be granted in the 10 absence of bad faith or prejudice to the adverse party.” Ahanchian v. Xenon Pictures, Inc., 624 11 F.3d 1253, 1258–59 (9th Cir. 2010) (internal citations omitted). 12 Based on LR IA 6-1 and LR 26-3, the parties stipulate and agree that the discovery 13 deadlines set forth in the current scheduling order (ECF No. 30) shall be extended by 90 14 days. 15 SCHEDULED EVENT ORIGINAL PROPOSED DEADLINE DEADLINE 16 Discovery Cutoff May 18, 2026 August 16, 20261 Dispositive Motions June 17, 2026 September 15, 2026 17 Proposed Joint Pretrial Order July 20, 20262 October 18, 20261

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23 1 Rule 6 of the Federal Rules of Civil Procedure, provide that in the event a deadline occurs on a Saturday, Sunday or legal holiday recognized by the Federal Rules of Civil Procedure (or the Court’s Local Rules), then the time for 24 complying with the deadline shall be extended to the next business day. 2 If dispositive motions were filed, the deadline for the Proposed Joint Pretrial Order would be deferred until 30 1 This is the fifth request for an extension of the discovery schedule. This request for an 2 || extension of time is not sought for any improper purpose including delay. 3 Respectfully submitted this 12th day of March 2026. 4 5 |} LADAH LAW FIRM SIGAL CHATTAH First Assistant United States Attorney 6 /s/ Cassandra S.M. Cummings /s/ James R. Sweetin CASSANDRA S.M. CUMMINGS, ESQ. JAMES R. SWEETIN Nevada Bar No. 11944 Assistant United States Attorney 517 South Third Street 8 || Las Vegas, Nevada 89101 Attorneys for the United States of America Attorneys for Plaintiff 9 10 11 IT IS SO ORDERED: 12

14 fb 1K Hon, MaximilianoAy. Copvilliex, II 15 UMHED STATHS MAGISTRATE JUDGE 16

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