Waggoner v. Nye County

Opinion

1 NReEvBaEdCaC BAa Br RNUoC. 7H2, 8E9S Q. 2 LEMONS, GRUNDY & EISENBERG 3 6005 Plumas Street, Third Floor Reno, Nevada 89519 4 (775) 786-6868; (775)786-9716 (fax) Email: rb@lge.net 5 Attorney for Defendant Nye County 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 BRETT WAGGONER, an Individual Case No: 2:21-cv-01312-APG-EJY 11 Plaintiff, STIPULATION AND PROPOSED v. ORDER TO EXTEND DEADLINE 12 FOR DISPOSITIVE MOTIONS 13 NYE COUNTY; CHRIS ARABIA, in his (Fourth Request) individual and official capacity; LEO 14 BLUNDO, in his individual and official 15 capacity; DOES I-X; ROE CORPORATIONS I-X, 16 Defendants. 17 18 The parties through their counsel of record, Michael Balaban, Esq., on behalf of 19 Plaintiff Brett Waggoner (“Waggoner”); Brian Hardy, Esq., of Marquis Aurbach Coffing, 20 on behalf of Nye County District Attorney Chris Arabia (“Arabia”) and Nye County 21 Commissioner Leo Blundo (“Blundo”); and Rebecca Bruch, Esq., of Lemons, Grundy & 22 Eisenberg, on behalf of Nye County (“the County”), pursuant to Local Rules LR IA 6-1 23 and LR 26-4, hereby stipulate to extend the deadline for dispositive motions, subject to the 24 Court’s approval. This is the fourth request for an extension of the deadline for dispositive 25 motions. This requested extension is sought in good faith and not for the purposes of delay. 26 /// 27 /// 28 /// 1 2 MEMORANDUM OF POINTS AND AUTHORITIES 3 I. LEGAL AUTHORITIY 4 Fed. R. Civ. P. 16(b)4) governs the modification of discovery plans and scheduling 5 orders. Rule 16 provides that “[a] schedule may be modified only for good cause and with 6 the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The “good cause” standard focuses primarily 7 on the movant’s diligence. Coleman v Quaker Oats Co., 232 F.3d 1271, 1294-95 (9th Cir. 8 2000). Local Rule 26-4 provides that discovery plans and scheduling orders may be 9 modified for good cause, provided that a motion to extend is made “no later than twenty- 10 one (21) days before the expiration of the subject deadline.” LR 6-4. 11 On September 15, 2022, the Court granted a stipulation to extend discovery and 12 dispositive motions. Dispositive motions were extended to December 5, 2022. Counsel 13 for Nye County has been out of the country for almost two weeks in November. In 14 addition, Counsel for Nye County has staffing issues which have and continue to cause 15 delays. Holiday closures also are anticipated to cause delays. 16 Given the above, and based on the calendars of counsel for the parties, they would 17 stipulate to and request the dispositive motions and pretrial order dates be extended as 18 follows: 19 Dispositive Motions: The parties propose extending the deadline for filing 20 dispositive motions by 35 days, until January 10, 2023. Oppositions would be filed by 21 February 10, 2023. Responses would be filed by March 3, 2023. 22 [Remainder of page left intentionally blank.] 23 24 25 26 27 28 1 Joint Pretrial Order: The parties propose extending the deadline for filing the 2 ||joint pretrial order to February 10, 2023, unless one or more dispositive motions are 3 || pending on this date thereby suspending the due date for the joint pretrial order to 30 days 4 || after the Court issues its order regarding such motion or motions. 5 DATED this 14 day of November, 2022. 6 LAW OFFICES OF MICHAEL P. BALABAN 7 8 By: /s/Michael P. Balaban MICHAEL P. BALABAN, ESQ.(SBN9370) 9 10726 Del Rubini Street Las Vegas, NV 89141 10 Attorneys for Plaintiff 11 12 LEMONS, GRUNDY & EISENBERG 13 By: /s/Rebecca Bruch REBECCA BRUCH, ESQ. (SBN7289) 4 6005 Plumas St., Third Floor 15 Reno, Nevada 89519 Attorneys for Defendant Nye County 16 UW MARQUIS AURBACH COFFING 18 By: /s/Brian R. Hardy BRIAN R. HARDY, ESQ. (SBN10068) 19 KATHLEEN A. WILDE, ESQ (SBN12522) 0 10001 Park Run Drive Las Vegas, Nevada 89145 21 Attorneys for Defendants Arabia and Blundo 22 23 IT IS SO ORDERED; provided, however, no further extensions of time to 24 file dispositive motions will be granted. 25 DATED this 15th day of November, 2022. 26 27 28 UNITED STA AGISTRATE JUDGE GRUNDY SENBERG