Ross v. Williams ( 2024 )

1 || AARON D. FORD Attorney General 2 || VICTORIA C. COREY (Bar No. 16364) 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) 486-9245 (phone) (702) 486-3773 (fax) 6 || Email: vcorey@ag.nv.gov 7 || Attorneys for Defendants Alfonso Alvarez, Charles Daniels, 8 || Calvin Johnson, Dean Ontiveros, Steve Sisolak, Harold Wickham, 9 Brian Williams 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 || JESSE ARON ROSS, Case No. 2:21-cv-00630-APG-EJY 13 Plaintiff, STIPULATION AND PROPOSED 14 || v. ORDER TO EXTEND THE TIME FOR DISCOVERY AND DISPOSITVE 15 |} BRIAN WILLIAMS, et al., MOTIONS 16 Defendants. 17 Plaintiff Jesse Aron Ross and Defendants Alfonso Alvarez, Charles Daniels, Calvin 18 || Johnson, Dean Ontiveros, Steve Sisolak, Harold Wickham, and Brian Williams, by and 19 through counsel, Aaron D. Ford, Nevada Attorney General, and Victoria C. Corey, Deputy 20 || Attorney General, of the State of Nevada, Office of the Attorney General, hereby stipulate 21 || and agree to extend the time for discovery and dispositive motions. There is good cause for 22 ||this Court to grant an extension in this case. LR 26-3. 23 MEMORANDUM OF POINTS AND AUTHORITIES 24 BACKGROUND AND RELEVANT PROCEDURAL HISTORY 25 On September 12, 2023, this Court granted a motion for extension of discovery, with 26 ||the current discovery deadline to be January 30, 2024 and the deadline for dispositive 27 || motions to be February 29, 2024. ECF No. 77. 28 Page 1 of 3 1 Since then, the parties have participated in two different settlement conferences, 2 ||one of November 28, 2023 and one on December 21, 2023. The parties were in agreement 3 || to wait until the settlement conferences were over before propounding more discovery onto 4 ||each other. Since this case did not settle, the parties request an additional ninety (90) days 5 || for discovery. STATEMENT OF GOOD CAUSE To demonstrate good cause, the parties must show “that, even in the exercise of due 8 || diligence, [the parties were] unable to meet the timetable set forth in the order.” Cruz v. 9 || City of Anaheim, CV1003997MMMJEMX, 2011 WL 13214312, at *2 (C.D. Cal. Dec. 19, 10 2011) (citing Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 11 || 2002); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Prejudice 12 || to the opposing party is a factor in determining good cause, though lack of prejudice is “not 13 ||a prerequisite.” Id. 14 The parties in this matter are working diligently and cohesively with each other to 15 ||exchange all relevant information pertaining to this matter. Since the parties agreed to not 16 ||propound discovery during the time the settlement conferences were taking place, the 17 || parties lost roughly ninety (90) days of discovery. As such, the parties have stipulated and 18 || agreed to a ninety (90) day extension to complete discovery and dispositive motions. 19 PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING 90 DISCOVERY AND FILING OF DISPOSITIVE MOTIONS 21 The Parties propose the following schedule for completion of all remaining discovery 22 || and the filing of any dispositive motions: 23 e The deadline for completion of discovery will be extended to April 29, 2024. 24 e Parties will have until March 29, 2024, to serve all remaining written 25 requests for discovery. 26 e The deadline to file any dispositive motions will be extended to May 29, 2024. 27 28 Page 2 of 3 1 e The deadline to file a Joint Pre-Trial order will be extended until June 28, 2 2024, or, if dispositive motions are filed, until thirty (30) days after the entry 3 of any order on the dispositive motions. 4 CONCLUSION 5 Based on the foregoing, good cause exists, and the parties respectfully request that 6 Court extend the deadline for discovery to April 29, 2024, and extend the deadline to 7 || file any dispositive motion to May 29, 2024. 8 9 || DATED this 8th day of January, 2024. DATED this 8th day of January, 2024. 10 |} AARON D. FORD Attorney General 1 /s/ Victoria C. Corey 12 || VICTORIA C. COREY (Bar No. 16364C) SSE ARON ROSS, #1095736 Deputy Attorney General 13 laintiff, Pro Se 1A Attorneys for Defendants 15 16 ORDER IT IS SO ORDERED: DATED: January 8, 2024 19 20 at UNITE) STATES/MAGJSTRATE JUDGE 22 23 24 25 26 28 Page 3 of 3