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West v. NYE County

United States District Court, D. Nevada

May 10, 2019

HYRUM JOSEPH WEST, Plaintiff,
v.
NYE COUNTY, et al., Defendants.

          PREMIER LEGAL GROUP, ANGELA H. DOWS, ESQ., Pro Bono Counsel Referred via the Legal Aid Center of Southern Nevada for Plaintiff HYRUM JOSEPH WEST

          MARQUIS AURBACH COFFING, CRAIG R. ANDERSON, ESQ., JONATHAN B. LEE, ESQ., Counsel for Defendants

          STIPULATION TO EXTEND TIME TO FILE SUPPLEMENTAL OPPOSITION AND SUPPLEMENTAL REPLY TO MOTION FOR SUMMARY JUDGMENT

         ORDER

         IT IS HEREBY STIPULATED by and between Angela H. Dows, Esq., counsel for Plaintiff HYRUM JOSEPH WEST, and Craig R. Anderson, Esq., and Jonathan B. Lee, Esq., counsel for Defendants NYE COUNTY, et al., that the dates for: (1) Plaintiff HYRUM JOSEPH WEST to file his supplemental opposition be extended for ninety (90) days from the current deadline of May 20, 2019. This is the second stipulation filed in the matter to continue the deadlines for the supplemental opposition and reply, and is entered into for the following reasons:

1. Plaintiff's Motion for the Issuance of Subpoenas is currently set to be heard on May 20, 2019, which is also the due date for the supplements to the motion for summary judgment [ECF No. 108.]
2. Plaintiff also has a pending Motion to Compel that was fully briefed as of May 8, 2019. [ECF No. 102, 104, 109.]
3. Counsel are confident that the due date for the supplements will be moved in light of the hearing on the Motion for Issuance of Subpoenas, and this stipulation is alternatively an indication of the parties' timeline request for the new due date on supplementation to the motion for summary judgment.
4. The motion to extend potentially impacts the evidence in the instant case, including arguments or additional discovery potentially having a bearing on the pending motion for summary judgment.
5. That without a continuance of the supplemental opposition and reply, then important issues in the case may be undetermined prior to the ruling of a potentially dispositive motion in the case.
6. That Plaintiff HYRUM JOSEPH WEST is currently incarcerated, and does not object to the subject brief continuance.
7. The additional time requested herein is being sought in good faith not sought for purposes of delay, but merely to allow the parties adequate time to have the necessary issues reviewed related to additional discovery in the case.

         FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THEREON

         Based on the pending Stipulation of the parties, and good cause appearing therefore, the Court finds that:

         1. The Court's ruling on Plaintiff's Motion for the Issuance of Subpoenas [ECF No. 99] may ultimately result in additional discovery or briefing in the case, all of which could have an impact upon dispositive ...


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