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Weidner v. In re Name of State

United States District Court, D. Nevada

July 10, 2018

WESLEY WEIDNER, Plaintiff,
v.
In the Name of the STATE OF NEVADA on relation of the NEVADA DEPARTMENT OF CORRECTIONS; DIRECTOR GREG COX, individually; WARDEN DWIGHT NEVEN, individually; ASSISTANT WARDEN TIMOTHY FILSON, individually; CORRECTIONS OFFICER FRANCO, individually; ASSOCIATE WARDEN JENNIFER NASH, individually; WORKER STACY BARRETT, individually; INSPECTOR GENERAL DAVID MOLNAR, individually; INSPECTOR BRIAN SHIELDS, individually; INSPECTOR VICTOR DANIELS, individually; INSPECTOR STEVE LEMAIRE, individually; SENIOR C.O. NORMAN, individually; DOE LICENSED PRACTICAL NURSE; DOE CORRECTION OFFICERS I-V; DOES I-X, inclusive; and ROES I-X, inclusive, Defendants.

          SAGGESE & ASSOCIATES, LTD. MARC A. SAGGESE, ESQ. Attorneys for Plaintiff.

          ADAM PAUL LAXALT Attorney General JARED M. FROST, ESQ. Attorneys for Defendants.

          STIPULATION AND ORDER TO EXTEND DISCOVERY AND REMAINING CASE MANAGEMENT DEADLINES (EIGHTH REQUEST)

         Plaintiff 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, 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 thirty (30) days.

         I. BACKGROUND

         This is 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).

         On October 26, 2016, Defendants Filson, Neven, Daniels, Molnar, Shields, Franco, Barrett, Nash, Norman, and Lemaire filed an Answer.

         On 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.

         On February 17, 2017, Defendant State of Nevada filed a Joinder to Defendants' Answer. ECF No. 17.

         On 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.

         On April 26, 2017, Defendant Cox filed a Joinder to Defendants' Answer. ECF No. 20.

         On 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 No. 21.

         On May 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.

         On May 23, 2017, Plaintiff filed another motion to amend the Amended Complaint. ECF No. 26.

         On May 23, 2017, Defendants filed a reply brief concerning their motion for partial judgment on the pleadings. ECF No. 27.

         On May 26, 2017, the parties filed a joint interim status report. ECF No. 28.

         On July 28, 2017, the Court granted the parties' fourth joint motion to extend discovery deadlines. ECF No. 36. Pursuant to this order, discovery ...


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