United States District Court, D. Nevada
RANDI ALEXANDER, an Individual, and JACKSON YOUNG, an Individual, Plaintiffs,
KATHRYN FALK, an Individual; ROMANTIC TIMES, INC., d/b/a ROMANTIC TIMES MAGAZINE, a New York Corporation; JANE DOE a/k/a "GRACIE WILSON", an Individual; DOE DEFENDANTS 1 through 100; and ROE ENTITIES, 1 through 100, Defendants.
& WESTBROOK A Professional Corporation ALAN W. WESTBROOK,
ESQ., CHERYL H. WILSON, ESQ. Attorneys for Defendants
FRIZELL LAW FIRM R. DUANE FRIZELL, ESQ., COLE LAW GROUP, P.C.
TODD G. COLE, ESQ. Admitted Pro Hac Vice Attorneys for
JOINT MOTION TO AMEND JULY 19. 2018 ORDER (ECF NO.
89) TO EXTEND DEADLINE TO MEET AND CONFER
AND FILE A PROPOSED SCHEDULING ORDER REGARDING EXPERT WITNESS
DISCLOSURE FROM JULY 27. 2018 TO AUGUST 1. 2018
NOW the parties, by and through their respective counsel, and
pursuant to Federal Rule of Civil Procedure 6o(b)(f) hereby
move the Court to extend the deadline established by the
Court for the parties to meet and confer and file a proposed
scheduling order regarding expert witness disclosures in its
July 19, 2018 Order (ECF No. 89) for three business days from
July 27, 2018 to August 1, 2018 due to the unexpected and
emergency medical condition of counsel for defendants from
July 20, 2018 to July 30, 2018.
motion is supported by the memorandum of points and
authorities below and the declaration Cheryl Wilson, Esq.,
STATEMENT OF FACTS
19, 2018, the Court issued its Order subsequent to a hearing
of the same date as a result of the Motion filed by the
Defendants on June 21, 2018. (ECF No. 89). The Order
provided, in pertinent part, that the parties meet and confer
and file a proposed scheduling order regarding expert witness
disclosures no later than July 27, 2018.
20, 2018, counsel for the Defendants was stricken suddenly
ill, hospitalized and caused to be absent from the office
until July 30, 2018. As a result, the parties were unable to
comply with the Court's Order as the defense counsel who
was ill was the counsel most knowledgeable about those
specific issues and unable to communicate. (See attached
Declaration of Cheryl Wilson, Esq.).
30, 2018, upon return to office, counsel for the Defendants
immediately communicated with counsel for the Plaintiffs and
asked and was granted permission to file a joint motion for a
three day extension of the July 27, 2018 deadline to
Wednesday, August 1, 2018.
Rule of Civil Procedure 60 (f) provides, in pertinent part:
Rule 60. Relief from a Judgment or Order (b) Grounds for
Relief from a Final Judgment, Order, or Proceeding. On motion
and just terms, the court may relieve a party or its legal
representative from a final judgment, order, or proceeding
for the following reasons:
(6) any other reason that justifies relief.
(c) Timing and Effect of the Motion.
(1) Timing. A motion under Rule 60(b) must be made within a
reasonable time and for reasons (1), (2), and (3) no more
than a year after the entry of the judgment or ...