Parker v. Wade ( 2024 )

Attorney General 2 JESSICA BROWN (Bar No. 14487) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 5 (702) 486-3326 (phone) (702) 486-3773 (fax) 6 Email: j.brown@ag.nv.gov 7 Attorneys for Renee Baker, Michael Minev, and Justin Hunt 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 DIONDRAE L. PARKER, Case No. 3:22-cv-00477-ART-CLB 12 Plaintiff, 13 vs. ORDER GRANTING DEFENDANTS’ MOTION FOR 14 WADE, et al. EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS 15 Defendants (First Request) 16 17 Defendants Renee Baker, Justin Hunt, and Michael Minev, by and through counsel, 18 Nevada Attorney General, Aaron D. Ford, and Jessica Brown, Deputy Attorney General, of 19 the State of Nevada, Office of the Attorney General, hereby move to extend the time to file 20 all dispositive motions until February 7, 2024. 21 MEMORANDUM OF POINTS AND AUTHORITIES 22 I. APPLICABLE LAW 23 Pursuant to Fed. R. Civ. P. Rule 16(b)(4), a party may request modification of the 24 Court’s scheduling order “only for good cause and with the judge’s consent.” See also LR 26- 25 3 (“A motion or stipulation to extend any date set by the discovery plan, scheduling order, 26 or other order must… be supported by a showing of good cause for the extension”). 27 To demonstrate good cause under 16(b)(4), the party seeking modification must show 28 “that, even in the exercise of due diligence, [the party was] unable to meet the timetable 1 forth in the order.” Cruz v. City of Anaheim, CV1003997MMMJEMX, 2011 WL 2 132143812, at *2 (C.D. Cal. Dec. 19, 2011) (citing Zivkovic v. Southern California Edison 3 || Co., 302 F.3d 1080, 1087 (9th Cir. 2002); Johnson v. Mammoth Recreations, Inc., 975 F.2d 4 ||604, 609 (9th Cir. 1992)). Prejudice to the opposing party is a factor in determining good 5 cause, though lack of prejudice is “not a prerequisite.” Id. 6 || Il. ARGUMENT 7 According to the court’s most recent scheduling order, the deadline to file dispositive 8 motions is January 10, 2023. ECF No. 21. Defendant Michael Minev, M.D. has been 9 |} unexpectedly out of the country for an extended period, and the undersigned counsel has 10 been able to contact him to finalize his declaration. His declaration is necessary to 11 establish a lack of material dispute as to a lack of indifference to Plaintiff's medical needs. 12 An extension of time will not prejudice Plaintiff because he will also be afforded 13 || additional time to file his dispositive motion, and Defendants are not seeking a lengthy 14 |/extension. To date, Plaintiff has not served mandatory disclosures on Defendants or 15 || propounded any discovery requests upon Defendants. 16 Dr. Minev is expected to return to the United States before February 7, 2024. Thus, 17 30-day extension will afford the undersigned counsel adequate time to finalize Dr. 18 || Minev’s supporting declaration. 19 DATED this 9th day of January 2024. 20 AARON D. FORD Attorney General 22 By:/s/Jessica Brown JESSICA BROWN (Bar No. 14487) 23 Deputy Attorney General 24 Attorneys for Defendant(s) 25 IT IS SO ORDERED. °° || DATED: January 10,2024. 27 * 28 UNITED STATES AGISTRATE JUDGE