Schomer v. Gonzalez - Individually

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 * * * DWAYNE L. SCHOMER, as special CASE NO. 3:23-cv-00390-ART-CSD 11 administrator of THE ESTATE OF KEATON M. SCHOMER and individually; and 12 BRAYLEN SCHOMER, individually, ORDER GRANTING 13 STIPULATION TO EXTEND Plaintiffs, 14 DEADLINES TO RESPOND TO MOTIONS FOR SUMMARY vs. JUDGMENT AND JOINDERS 15 [ECF 68, 70, 71, 72, 73, 74, 75, and 76] ELKO COUNTY; ELKO COUNTY 16 SHERIFF’S OFFICE; SHERIFF AITOR [FIRST REQUEST] 17 NARVAIZA, individually; UNDERSHERIFF JUSTIN AIMES, individually; SERGEANT 18 MICHAEL SILVA, individually; DEPUTY TREVOR L. SNEED, individually; DEPUTY 19 DOUGLAS HOLLADAY, individually; DEPUTY ERIKA GONZALEZ; MEDALLUS 20 & VACHAROTHONE LTD; DR. RACHOT 21 VACHAROTHONE, individually; BAILEY POWELL, individually; GEOFFREY FISHER, 22 individually; MERCEDES COCHRELL, individually; LETISCYA CHACON, 23 individually; DOE SUPERVISORS I-X; DOE 24 DEPUTIES I-X; DOE MEDICAL STAFF I-X; and ROE ENTITIES I-X, 25 Defendants. 26 27 Plaintiffs DWAYNE L. SCHOMER, as administrator of THE ESTATE OF KEATON M. 1 “Plaintiffs”), by and through their undersigned attorneys at Clark Hill PLC, Defendants ELKO 2 COUNTY, SHERIFF AITOR NARVAIZA, UNDERSHERIFF JUSTIN AMES, (collectively, 3 “Elko County Defendants”), by and through their undersigned attorneys at Marquis Aurbach; 4 DEPUTY TREVOR L. SNEED, DEPUTY DOUGLAS HOLLADAY, DEPUTY ERIKA 5 GONZALEZ, DEPUTY DAVID HATCH, and DEPUTY HANNAH KENDALL (collectively, 6 “Elko Deputy Defendants”), by and through their undersigned attorneys at Erickson, Thorpe & 7 Swainston, Ltd.; Defendants MEDALLUS & VACHAROTHONE LTD, DR. RACHOT 8 VACHAROTHONE, BAILEY POWELL, GEOFFREY FISHER, MERCEDES COCHRELL, 9 and LETISCYA CHACON, (collectively, “Medallus Defendants”) by and through their 10 undersigned attorneys at Rencher Anjewierden, and SERGEANT MICHAEL SILVA, (“Silva”) 11 by and though his undersigned attorney, at Goicoechea, Digrazia, Coyle& Stanton, LTD. hereby 12 agree and jointly stipulate to the following: 13 1. Defendants filed on June 18, 2025, their Motions for Summary Judgment [ECF 68, 70, 71, 14 72], and Joinders [ECF 73, 74. 75, 76], were filed on June 25, 2025. 15 2. Plaintiffs’ Responses are currently due on July 9, 2025. 16 3. LR 7-2 provides twenty-one (21) days to respond to a Motion for Summary regardless 17 if there is one Motion for Summary Judgment or numerous motions. Here, the Defendants have 18 filed four separate Motions for Summary Judgment. While each defendant may have some 19 commonality, they each present their own unique issues that will need to be addressed separately. 20 As such, twenty-one (21) days is not sufficient to review, research and respond to four Motions 21 for Summary Judgment. The Plaintiffs’ counsel cannot meet the current deadline and needs 22 additional time. 23 4. The parties have conferred and agreed to a 61-day extension for the Plaintiffs to file their 24 Responses to the Defendants’ Motions for Summary Judgment and Joinders to the Motions for 25 Summary Judgment. 26 5. Therefore, the Parties request that the deadline for Plaintiffs to file their Responses to the 27 Defendants’ Motions for Summary Judgment and Joinders to the Motions for Summary Judgment 1 6. This is the first request to extend the deadline to file Responses to Defendants’ Motions 2 || for Summary Judgment and Joinders to the Motions for Summary Judgment. 3 7. This Stipulation is entered in good faith and not for purposes of delay. 4 Respectfully submitted this 1 day of July 2025. 5 || CLARK HILL, PLLC RUBSY LAW, PLLC 6 /s/ Paola M. Armeni /s/ Benjamin K. Lusty PAOLA M. ARMENT, ESQ. CHRISTOPHER RUSBY, ESQ. 7 | Nevada Bar No. 8357 Nevada Bar No. 11452 WILLIAM D. SCHULLER, ESQ. 36 Stewart Street 8 Nevada Bar No. 11271 Reno, Nevada 89501 1700 S. Pavilion Center Dr.., #500 9 Las Vegas, Nevada 89135 RENCHER ANJEWIERDEN Attorneys for Plaintiffs, Schomer Family BENJAMIN K. LUSTY, ESQ. 10 Utah Bar No. 12159 ERICKSON, THORPE & SWAINSTON, 460 South 400 East 11 || LTD. Salt Lake City, UT 84111 Attorneys for Medallus Defendants 12 /s/ Brent L. Ryman BRENT L. RYMAN, ESQ. MARQUIS AURBACH 13 || Nevada Bar No. 8648 PAUL M. BERTONE, ESQ. /s/ Kaden P. Killpack 14 | Nevada Bar No. 4533 CRAIG R. ANDERSON, ESQ. 99 West Arroyo Street Nevada Bar No. 6882 15 | P.O. Box 3559 KADEN P. KILLPACK, ESQ. Reno, Nevada 89505 Nevada Bar No. 16560 16 Attorneys for Elko County Deputy Defendants 10001 Park Run Drive Las Vegas, Nevada 89145 17 | GOICOECHEA, DIGRAZIA, COYLE & Attorneys for Defendants, Elko County, Sher 18 STANTON, LTD. Aitor Narvaiza, and Undersheriff Justin Aimes /s/ David M. Stanton 19 | DAVID M. STANTON, ESQ. Nevada Bar No. 4389 20 || 530 Idaho Street Elko, Nevada 89801 21 || Attorney for Sergeant Michael Silva 22 ORDER 23 . □□ The above Stipulation is hereby Granted. 24 IT IS SO ORDERED. 25 Dated this 2nd day of July 2025. 26 27 Apa Nosed 1d 28 ANNE R. TRAUM UNITED STATES DISTRICT JUDGE