Johnson v. Southern Desert Correctional Center

Opinion

Attorney General ANDREW C. NELSON, Bar No. 15971 Senior Deputy Attorney General State of Nevada 100 N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1227 E-mail: acnelson@ag.nv.gov Attorneys for Defendants James Cox, James Dzurenda, Michaela Garafalo, and Brian Williams LAUSTEVEION JOHNSON, Case No. 2:19-cv-00232-MMD-DJA Plaintiff, JOINT STIPULATION v. TO EXTEND THE DISCOVERY PERIOD SOUTHERN DESERT CORRECTIONAL (Third Request) CENTER, et al., Defendants. Plaintiff, Lausteveion Johnson, by and through counsel Michael S. Kelley and I. Scott Bogatz, of Reid Rubinstein and Bogatz, and Defendants, James Cox, James Dzurenda, Michaela Garafalo, and Brian Williams, by and through counsel, Aaron D. Ford, Nevada Attorney General, and Andrew C. Nelson, Senior Deputy Attorney General, of the State of Nevada, Office of the Attorney General, hereby stipulate and agree to extend the current discovery deadlines for an additional sixty (60) days commencing April 29, 2024. This is the parties’ third request to extend the discovery period in this matter. /// /// /// /// 1. The Defendants’ Initial Disclosure of Witnesses and Documents Pursuant to Fed. R. Civ. P. 26(a)(1). 2. Plaintiff’s Request for Interrogatories [Set One] to Defendant Brian Williams sent on May 27, 2019 a. No Response was provided by the Defendants. 3. Plaintiff’s Request for Production of Documents [Set One] to Defendant Brian Williams sent on May 27, 2019 a. No Response was provided by the Defendants. 4. Plaintiff’s Request for Interrogatories [Set One] to Defendant James Dzurenda sent on May 27, 2019 a. No Response was provided by the Defendants. 5. Plaintiff’s Request for Production of Documents [Set One] to Defendant James Dzurenda sent on May 27, 2019 a. No Response was provided by the Defendants. 6. Plaintiff’s First Set of Interrogatories to the Defendants sent on December 21, 2023 7. Plaintiff’s First Set of Requests for Production of Documents sent on December 21, 2023. 1. The Parties further anticipate propounding additional discovery, including written discovery, third party discovery, and depositions. 2. The Plaintiff is anticipating conducting several depositions with the defendants and persons most knowledgeable. C. GOOD CAUSE AND EXCUSABLE NEGLECT TO EXTEND DISCOVERY To amend a scheduling order, a party must demonstrate good cause (if the filing is made 21 days before the discovery deadline) or excusable neglect (if the filing is made within or after 21 days before the discovery deadline. LR 26-3; LR IA 6-1(a). Courts party when ruling on a motion to reopen discovery under the excusable neglect standard. See Alcantara v. Bodega Latina Corp., No. 2:18-cv-00882-JAD-BNW, 2021 WL 1771870, at *1-2 (D. Nev. 2021). The parties have been working to schedule depositions in this matter, however, given the nature of these allegations stemming from 2015-2017, there has been a difficulty in scheduling depositions with parties who contain personal knowledge. Recently, the parties did have depositions scheduled for April 24 and April 25, however, due to the age of this matter, the parties felt it would be necessary to reschedule those depositions in order to obtain individuals with more personal knowledge. Given that, there is a substantial need for modification to the scheduling order. Additionally, there would not be any prejudice to Plaintiff, Lausteveion Johnson due to the extension allowing more time to conduct those depositions for his claims in this matter. The parties stipulate to and propose the following new deadlines: 1. Discovery Cut-Off: June 28, 2024 2. Discovery Motions: July 12, 2024 3. Dispositive Motions: July 26, 2024 4. Pretrial Order (if no dispositive motions filed: August 26, 2024 /// /// /// /// /// /// /// /// /// THE REQUESTED TRIAL DATE DOES NOT NEED MODIFICATION Trial is currently set in this matter to commence on October 8, 2024, with the Calendar Call being set for September 16, 2024. At this time, the parties do not see the need to extend the date set for trial. Dated this 30th day of April, 2024. Dated this 30th day of April, 2024 REID RUBINSTEIN & BOGATZ AARON D. FORD, Attorney General By: /s/Michael S. Kelley By: /s/Andrew C. Nelson I. SCOTT BOGATZ, Bar No. 3367 ANDREW C. NELSON, Bar No. 15971 MICHAEL S. KELLEY, Bar No.10101 Senior Deputy Attorney General 300 South 4 Street, Ste. 830 Office of the Attorney General Las Vegas, NV 89101 State of Nevada 100 N. Carson St. Attorneys for Plaintiff Carson City, NV. 89701-4717 Tele: (775) 684-1227 E-Mail: acnelson@ag.nv.gov Attorneys for Defendants

0 \ K NA 4) DANIEL J. ALBREGTS | UNITED STATES MAGISTRATE JUDGE

DATED: May 1, 2024

I certify that I am an employee of the State of Nevada, Office of the Attorney General, and that on April 30, 2024, I electronically filed the foregoing, JOINT STIPULATION TO EXTEND THE DISCOVERY PERIOD (Third Request), via this Court’s electronic filing system. Parties that are registered with this Court’s electronic filing system will be served electronically. For those parties not registered, service was made by depositing a copy for mailing, addressed to the following:

Reid Rubinstein &Bogatz 300 South Virginia Street, Suite 830 Las Vegas, NV 89101 sbogatz@rrblf.com mkelley@rrblf.com

/s/ Karen Easton An employee of the Office of the Nevada Attorney General