Xavier Gutierrez v. United States of America

Opinion

Deputy Attorney General of the United States First Assistant United States Attorney District of Nevada Nevada Bar Number 8264 MARILYN E. GARTLEY Assistant United States Attorney U.S. Attorney’s Office 501 Las Vegas Boulevard South, Suite 1100 Las Vegas, Nevada 89101 Telephone: 702-388-5084 Email: marilyn.gartley@usdoj.gov Attorneys for Federal Defendant DISTRICT OF NEVADA XAVIER GUTIERREZ, Case No.: 2:25-cv-02360-RFB-BNW Plaintiff, MOTION TO APPROVE STIPULATION ALLOWING LATE- v. FILED ANSWER AND EXTENDING TIME FOR FILING UNITED STATES OF AMERICA, ANSWER Defendant. (FIRST REQUEST) PLEASE TAKE NOTICE that in accordance with LR IA 6-1 and LR IA 6-1, the United States of America (the “Federal Defendant”) and Xavier Gutierrez (“Plaintiff”),1 by and through their respective undersigned counsels, do hereby respectfully move the Court to approve the following stipulation setting aside the Federal Defendant’s failure to file a timely answer and further agreeing to allow, notwithstanding the expiration of the originally prescribed time period, an enlargement of time of 35 days from the originally prescribed deadline or until March 7, 2026, for the Federal Defendant to file an answer to the Complaint2 filed by the Plaintiff pursuant to Fed. R. Civ. P. 6(b)(1)(B) and Fed. R. Civ. P. 55(c) in conjunction with Fed. R. Civ. P. 55(d) and Fed. R. Civ. P. 7(b)(1). 1 Collectively, the Plaintiff and the Federal Defendant are referred to herein as the Parties. 2 The Complaint refers to the Complaint commencing this litigation filed by the Plaintiff in this Court on November 25, 2025 (ECF No. 1). 1. As a consequence of funding lapses and changes to personnel, the Federal Defendant’s counsel first filed a notice of appearance in this matter on February 11, 2026. ECF No. 6. 2. The Federal Defendant was served with the Complaint on December 2, 2025, ECF No. 5, whereby, pursuant to Fed. R. Civ. P. 12(a)(2) and Fed. R. Civ. P. 12(b), the Federal Defendant’s answer was required to be filed by January 31, 2026. See Fed. R. Civ. P. 12(a)(2); Fed. R. Civ. P. 12(b). 3. This is the first request sought by the Federal Defendant for an extension of the deadlines by which the Federal Defendant must file their answer to the Complaint or responsive motion to the Complaint. 4. The Parties both submit that the instant stipulation is being offered to the Court for approval in good faith and not for the purpose of delay. Cf. In re Sonoma V., 703 F.2d 429, 431–432 (9th Cir. 1983) (citing Orange Theatre Corp. v. Rayherstz Amusement Corp., 130 F.2d 185, 187 (3d Cir. 1942) (en banc); 2 J. Moore & J. Lucas, Moore's Federal Practice, § 6.08, at § 1500.74 & n. 9; 4 C. Wright & A. Miller, Federal Practice and Procedure § 1165, at 627–28 & n.83 (1969)) (parties may not agree to enlargement of time under Fed. R. Civ. P. 6(b) without court approval). 5. In light of the foregoing, the Parties do hereby agree and stipulate that the Federal Defendant shall have until March 7, 2026, to file an answer to the Complaint. Respectfully submitted this 19th day of February 2026. SIGAL CHATTAH LAIRD LAW PLLC First Assistant United States Attorney /s/_Marilyn E. Gartley /s/__Daniel O. Laird MARILYN E. GARTLEY DANIEL O. LAIRD, M.D., J.D. Assistant United States Attorney Nevada Bar No. 11831 marilyn.gartley@usdoj.gov 4175 S. Riley St., Ste. 102 Attorneys for Federal Defendant Las Vegas, NV 89147 g Dan@LairdLaw.com Attorneys for Plaintiff 1] IT IS SO ORDERED: . wt J pcr MAGISTRATE JUDGE - DATED: February 20, 2026

Certificate of Service I hereby certify that on February 20, 2026, I electronically filed and served the foregoing Motion to Approve Stipulation Allowing Late-Filed Answer and Extending Time for Filing Answer with the Clerk of the Court for the United States District Court for the District of Nevada using the court’s electronic filing and service system.

/s/ Marilyn E. Gartley Assistant United States Attorney Attorneys for Federal Defendants