United States District Court, D. Nevada
SAGGESE & ASSOCIATES, LTD. MARC A. SAGGESE, ESQ.
Attorneys for Plaintiff
PAUL LAXALT Attorney General JARED M. FROST, ESQ. Attorneys
STIPULATION AND ORDER TO EXTEND DISCOVERY AND
REMAINING CASE MANAGEMENT DEADLINES
Wesley Weidner, by and through counsel, Marc A. Saggese,
Esq., and Defendants State of Nevada, Greg Cox, Dwight Neven,
Timothy Filson, Joseph Franco, Jennifer Nash, Stacy Barrett,
David Molnar, Brian Shields, Victor Daniels, Steve Lemaire,
and Antoine Norman, by and through counsel, Adam Paul Laxalt,
Nevada Attorney General, and Jared M. Frost, Senior Deputy
Attorney General, hereby stipulate and agree to extend the
discovery period and remaining case scheduling deadlines for
an additional forty five (45) days.
an inmate civil rights and tort action seeking damages for
alleged actions or omissions of staff at High Desert State
Prison (HDSP) in Indian Springs, Nevada. Plaintiff is
represented by counsel. Plaintiff filed his original
Complaint in state court on June 9, 2016. Plaintiff filed an
Amended Complaint on August 26, 2016. Defendants removed the
case to federal court in September 2016. ECF No. 1; see
also ECF No. 1-3 (Amended Complaint).
October 26, 2016, Defendants Filson, Neven, Daniels, Molnar,
Shields, Franco, Barrett, Nash, Norman, and Lemaire filed an
January 17, 2017, the Court granted the parties' second
joint motion to extend all scheduling deadlines. ECF No. 15.
Pursuant to this order, the deadline to add parties or amend
pleadings was March 24, 2017, and discovery was set to close
on June 26, 2017. Id.
February 17, 2017, Defendant State of Nevada filed a Joinder
to Defendants' Answer. ECF No. 17.
March 2, 2017, the Court granted the parties' third joint
motion to extend discovery deadlines. ECF No. 19. Pursuant to
this order, discovery was set to close on August 25, 2017.
Id. at 3.
April 26, 2017, Defendant Cox filed a Joinder to
Defendants' Answer. ECF No. 20.
April 27, 2017, Defendants filed a motion for partial
judgment on the pleadings. ECF No. 21. In their motion,
Defendants argue that the State of Nevada should be dismissed
as to Count I because states are not proper defendants for
section 1983 claims, and that Counts II and III should be
dismissed because Plaintiff failed to comply with
Nevada's mandatory naming requirement. See ECF
16, 2017, Plaintiff filed a motion to amend the Amended
Complaint. ECF No. 24. Plaintiff also filed an opposition to
Defendants' motion for partial judgment on the pleadings.
ECF No. 25.
23, 2017, Plaintiff filed another motion to amend the Amended
Complaint. ECF No. 26.
23, 2017, Defendants filed a reply brief concerning their
motion for partial judgment on the pleadings. ECF No. 27.
26, 2017, the parties filed a joint interim status report.
ECF No. 28.
28, 2017, the Court granted the parties' fourth joint
motion to extend discovery deadlines. ECF No. 36. Pursuant to
this order, discovery was set to close on November 23, 2017.
Id. at 4.
October 5, 2017, Plaintiff's counsel, the Potter Law
Office, requested to ...