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Johnson v. Northern Nevada Correctional Center

United States District Court, D. Nevada

August 2, 2017

Lausteveion Johnson, Plaintiff,
v.
Northern Nevada Correctional Center, ET AL., Defendants.

          ADAM PAUL LAXALT Attorney General Frank A. Toddre II, Deputy Attorney General State of Nevada Office of the Attorney General, Attorneys for Defendants Isidro Baca, Renee Baker, Julio Calderin, James Cox, Brandon Lawrence, Luis Lopez, Dwight Neven, Brian Williams and Johnny Youngblood.

          MOTION TO EXTEND DISPOSITIVE MOTION DEADLINES (THIRD REQUEST)

         Defendants, Isidro Baca, Renee Baker, Julio Calderin, James Cox, Brandon Lawrence, Luis Lopez, Dwight Neven, Brian Williams, and Johnny Youngblood, by and through counsel, Adam Paul Laxalt, Attorney General of the State of Nevada, and Frank A. Toddre II, Deputy Attorney General, hereby move for an extension of the dispositive motion deadline for an additional forty-five (45) days. Defendants' motion is based on Federal Rule of Civil Procedure 7 and Local Rules 7-2 and 26-4, the following Memorandum of Points and Authorities, the pleadings and papers on file and the attached Declaration of Counsel.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. INTRODUCTION AND RELEVANT PROCEDURAL HISTORY

         This is an inmate civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff, Lausteveion Delano Johnson, (Plaintiff) is an inmate in the custody of the Nevada Department of Corrections (NDOC), currently housed at Southern Desert Correctional Center (SDCC). The causes of action took place while incarcerated at Northern Nevada Correctional Center (NNCC), SDCC, Ely State Prison (ESP), and High Desert State Prison (HDSP). The Original Complaint alleged six discrete claims for Eighth Amendment Deliberate indifference to medical needs, First Amendment Religious exercise violations, First Amendment retaliation claims, First Amendment access to the Courts, and Fourteenth Amendment equal protection claims. (ECF No. 2). The initial Screening Order dismissed certain First and Eighth Amendment claims. (ECF No. 11).

         The parties' Early Mediation Conference was initially set for May 27, 2016, but was vacated for global settlement negotiations. The parties conducted two global settlement conferences, the final conference occurring on July 22, 2016. No settlement was reached and Judge Foley found that all of Johnson's cases should be returned to the normal litigation track and lifted the associated global stay. (ECF No. 19).

         An inmate early mediation conference was set for October 7, 2016. (ECF No. 21). A settlement was not reached. (ECF No. 24). The Court has entered its initial Scheduling Order regarding representation and responsive pleadings. (ECF No. 26).

         Johnson filed a Motion for Appointment of Counsel on October 27, 2016. (ECF No. 28). Defendants opposed on November 9, 2016. (ECF No. 29). The Court denied the Motion finding that Johnson had not demonstrated “exceptional circumstances” to support an appointment. (ECF No. 33). Defendants filed an Answer on December 16, 2016. (ECF NO. 34). The Court issued its scheduling Order, with a discovery deadline of March 20, 2017. (ECF No. 36).

         The parties filed their first Motion to Extend Discovery on March 16, 2017 in order to re-propound discovery to Johnson which had been lost during housing transfer. (ECF No. 43). The Court granted the Order and extended the discovery deadline until May 19, 2017 and dispositive motion deadline until June 19, 2017. (ECF No. 44).

         The Parties filed their Second Motion to Extend Discovery on May 25, 2017. The Defendants advised that they sought to take an oral deposition in an effort to conserve judicial resources and avoid unnecessary motion practice over repetitive problems with written discovery. (ECF No. 63). The Court granted the Order, setting a close of discovery for August 2, 2017, and a dispositive Motion Deadline of August 19, 2017.

         Defense Counsel, Frank Toddre II, deposed Lausteveion Johnson at High Desert State Prison on July 21, 2017. The deposition was continued twice due to operational conflicts at the Prison. The Deposition Court Reporter advised that the deposition transcript would likely be available three weeks after the deposition, with a hopeful date of August 11, 2017.

         The parties discussed an extension of the dispositive motion only after the deposition and agreed that a brief extension of the dispositive motion deadline only was appropriate based upon the following:[1] 1) Both parties needed more time than a week with the transcript to effectively utilize the transcript for dispositive motions; 2) Mr. Johnson has what appears to be a firm two week trial setting on August 21, 2017, [2] in Case No. 2:14-cv-00110; 3) there would be no additional discovery or extension of discovery deadlines; 4) the parties are conducting meaningful global settlement discussions from the -110 case that will likely have an impact upon the instant matter; and 5) the parties have an Early Mediation Conference in a third case that the parties will likely be discussing global settlements with a mediator.[3] Accordingly, the parties contend and agree that a forty-five day extension of the dispositive motion deadline is reasonable and appropriate.

         II. ...


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