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Jonas v. Nye County Sheriff's Department

United States District Court, D. Nevada

March 13, 2017

JENNIFER JONAS, an individual, JAMES BRIAN JONAS, an individual, Plaintiffs,
v.
NYE COUNTY SHERIFF'S DEPARTMENT, a Political Subdivision of Nye County, State of Nevada; NYE COUNTY, a Political Subdivision of the State of Nevada; ANTHONY DEMEO, individually and in his capacity of Sheriff of Nye County, Nevada; RICHARD MARSHALL, individually and in his capacity as Assistant Sheriff of Nye County, Nevada; ANTHONY MARK MEDINA, individually and in his capacity as Lieutenant of Nye County, Nevada; DOES 1 through 100, inclusive; and ROE ENTITIES 1 through 100, inclusive, Defendants.

          DARREN J. WELSH, CHARTERED DARREN J. WELSH, ESQ. Attorney for Plaintiffs Jennifer Jonas and James Brian Jonas

          PLAINTIFFS' MOTION FOR AN EXTENSION OF TIME TO FILE DISCOVERY PLAN AND SCHEDULING ORDER [FIRST REQUEST]

         COME NOW, Plaintiffs James Brian Jonas and Jennifer Jonas, (collectively referred to as "Plaintiffs Jonas"), by and through their counsel of record, Darren J. Welsh, Esq. of the law firm Darren J. Welsh, Chartered, and hereby submit their first Application for a forty-five day extension of time to file the Discovery Plan and Scheduling Order currently due by March 12, 2017. This Motion is based upon the attached Memorandum of Points and Authorities, all papers and pleadings on file herein, any any oral argument this Court may entertain at the time of any hearings on the matter.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. BACKGROUND

         This matter is a Title VII of the Civil Rights Act of 1964, as amended, action filed with this Court on December 29, 2016 against Defendants Nye County Sheriffs Department, Nye County, Anthony DeMeo, Richard Marshall and Anthony Mark Medina. The Defendants Anthony DeMeo, Richard Marshall and Anthony Mark Medina were each timely served with their respective Summons and Complaint. Defendants Nye County Sheriffs Department and Nye County executed a Waiver of Service via their counsel Rebecca Bruch of the law firm Erickson Thorpe & Swainston, Ltd. on January 17, 2017, with the Court Ordering and their answer due date of March 18, 2017. On January 24 2017, Defendants Anthony DeMeo, Richard Marshall and Anthony Mark Media, by and through their counsel of record, Nicholas Crosby of Marquis & Aurbach, filed their Motion to Dismiss Plaintiffs' Complaint [Document 11]. The Court ordered the Discovery Plan/Scheduling Order due by March 12, 2017. Plaintiffs' filed their Notice of Non-Opposition to Defendants DeMeo's, Marshall's and Medina's Motion to Dismiss [Document 21]; and on February 21, 2017, the Court granted said Motion to Dismiss [Document 16], This matter was assigned to the Early Neutral Evaluation Program and set for the ENE Session on April 25, 2017 and this date was advanced due to conflicting duties of the Court to March 22, 2017 [Document 15]. Due to further scheduling conflicts of counsel, the ENE session was reset for May 3, 2017 [Document 23].

         II. STATEMENT OF FACTS

         Plaintiffs Jonas have dismissed Defendants Anthony DeMeo, Richard Marshall and Anthony Mark Medina from this action. The remaining Defendants, Nye County Sheriffs Department and Nye County, have until March 18, 2017 in which to answer Plaintiffs' Complaint. The Court has set the due date for the Discovery Plan and Scheduling Order for March 12, 2017. However, in light of the fact that Defendants Nye County Sheriffs Department and Nye County have not yet answered Plaintiffs' Complaint, an extension of time of forty-five (45) days is requested to enable the parties to formulate the Discovery Plan.

         III. LEGAL ARGUMENT

         L.R. 26-1 sets forth the Discovery Plans and Mandatory Disclosures.

Fed. R. Civ. P. 26(f) Meeting: Filing and Contents of Discovery Plan and Scheduling Order.
The pro se plaintiff or plaintiffs attorney must initiate the scheduling of the conference required by Fed. r. Civ. P. 26(f) to be held within 30 days after the first defendant answers or otherwise appears.

         In this instance, Defendants Nye County Sheriffs Department and Nye County have until March 18, 2017 in which to answer Plaintiffs' Complaint. The current deadline for the Discovery Plan/Scheduling Order is March 12, 2017, or six (6) days BEFORE their answer is due.

         IV. CONCLUSION

         THEREFORE, based on the above, Plaintiffs Jonas respectfully request that the Court vacate the March 12, 2017 deadline for filing the Discovery Plan/Scheduling Order and reset it to forty-five days after March 12, 2017 or April 26, 2017, to enable the remaining Defendants time to file their answer to ...


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