United States District Court, D. Nevada
PAUL LAXALT Attorney General JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General Attorneys for Defendants.
DEFENDANTS' UNOPPOSED MOTION TO EXTEND DISCOVERY
AND REMAINING SCHEDULING DEADLINES (NINTH REQUEST)
James Cox, Brian Williams, Romeo Aranas, Francisco Sanchez,
Frank Dreesen, Benedicto Gutierrez, Fred Richardson, and
Cheryl Dressier, by and through counsel, Adam Raul Laxalt,
Nevada Attorney General, and Jared M. Frost, Senior Deputy
Attorney General, hereby move to extend the remaining
discovery and scheduling deadlines for an additional sixty
(60) days for the Court to consider their Motion to Enforce
Settlement Agreement. This motion is made and based on the
Mowing points and authorities, the attached declaration of
counsel, all papers and pleadings on file in this case, and
any further evidence the Court deems appropriate to consider.
OF POINTS AND AUTHORITIES
a civil action that has been pending since February 2014.
Plaintiff Guy Woodard, a former inmate, filed his original
civil rights complaint on February 21, 2014. See ECF
No. 4. On October 28, 2014, the parties participated in a
settlement conference that did not result in settlement. ECF
October 29, 2014, the Court referred the case to the pro bono
program. ECF No. 30.
December 15, 2014, the Court appointed John George, Esq., to
represent Plaintiff in this action. ECF No. 38.
August 26, 2015, Plaintiff filed a third-amended complaint.
ECF No. 49. On September 9, 2015, the Court approved the
parties' stipulated discovery plan and proposed
scheduling order. ECF No. 53. Pursuant to the discovery plan,
all discovery must have been completed by February 15, 2016.
Id. at 2.
September 23, 2015, Defendants filed a motion to dismiss
Plaintiffs third-amended complaint in part. ECF No. 54.
February 15, 2016, Plaintiff filed a motion for extension of
discovery deadlines for 120 days. ECF No. 57. On February 19,
2016, the Court granted Plaintiffs motion. ECF No. 61.
March 8, 2016, the parties filed a joint motion to reopen and
extend the expert deadlines until April 19, 2016. ECF No. 65.
The Court granted the parties' motion the following day.
ECF No. 66.
April 19, 2016, the parties filed a stipulation to extend the
expert report deadline until June 14, 2016. ECF No. 72. The
Court granted the parties' request to extend the expert
report deadline on April 20, 2016. ECF No. 73.
Court's granted Defendants' renewed motion for
another extension on May 13, 2016. ECF No. 85.
August 10, 2016, the parties filed a stipulation to stay the
ease for settlement purposes. ECF No. 91. Therein, the
parties "inform[ed] the Court that they have reached a
tentative agreement to settle the case." Id.
The parties further indicated that they "need an
additional thirty (30) days to finalize the agreement and
wish to avoid any unnecessary litigation costs that arise in
connection with the Court's upcoming case management
August 11, 2016, the Court entered a minute order instructing
the parties to file settlement documents or a status report
regarding the settlement in 30 days and denying the
stipulation to stay the case. ECF No. 92.
August 12, 2016, Defendants filed a fourth motion to extend
discovery and the remaining scheduling deadlines for thirty
(30) days for settlement purposes. ECF No. 93.
August 15, 2016, Plaintiff filed a joinder to Defendants'
fourth motion to extend the remaining deadlines. ECF No. 94.
Plaintiffs counsel also filed a motion to withdraw from the
case. ECF No. 93.
August 19, 2016, the Court granted Defendants' fourth
motion to extend the remaining deadlines. ECF No. 97.
September 1, 2016, the Court held a hearing on Plaintiff
counsel's motion to withdraw. ECF No. 98. Plaintiff did
not appear at the hearing. Id. At the conclusion of
the hearing, the Court continued the hearing until September
September 12, 2016, Defendants filed an unopposed fifth
motion to extend discovery and the remaining scheduling
deadlines. ECF No. 102. The Court granted Defendants'
motion the Mowing day. ECF No. 103.
September 19, 2016, the Court held a hearing on Plaintiff
counsel's motion to withdraw. ECF No. 104. At the
hearing, counsel withdrew his motion, and the Court directed
the parties to file a status report as to settlement
negotiations by September 23, 2016.
September 23, 2016, the parties filed a joint status report
informing the Court that Defendants had provided Plaintiff
with a draft settlement ...