Santopietro v. Howell ( 2024 )

1 || Kelly H. Dove, Esq. Nevada Bar No. 10569 2 | SNELL & WILMER LL. 3 || 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 4 | Telephone (702) 784-5200 Facsimile (702) 784-5252 5 | Email: kdove@swlaw.com 6 Attorneys for Plaintiff 7 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 Michele Santopietro, an Individual, CASE NO. 2:12-cv-01648-JCM-PAL » 12 Plaintiff, JOINT MOTION TO EXTEND TIME 3 TO FILE JOINT PRETRIAL ORDER v. (Second Request) 14] Las Vegas Police Department Officers C. 15 Howell (Badge 9634), F. Lopez-Rosende (Badge 8864), and K. Crawford (Badge 16 || 10050), : 17 Defendants. 18 The Parties, by and through their respective counsel, jointly move to modestly extend 19 || the deadline to file a joint pretrial order pursuant to the Court’s March 25, 2024 Minute Order 20 || [ECF No. 84] from Thursday, April 4, 2024 to and including Wednesday, April 10, 2024. This 21 || Motion is based upon the Memorandum of Points and Authorities below, the papers on file, and 22 || any oral argument that the court chooses to hear. 23 MEMORANDUM OF POINTS AND AUTHORITIES 24 I. INTRODUCTION 25 Pursuant to the Court’s March 25, 2024 Minute Order [ECF No. 84], the current 26 | deadline to file a joint pretrial order is April 4, 2024. The Parties seek additional time of three 27 | additional court days to prepare the joint pretrial order up to and including April 10, 2024. This 28 request 1s supported by good cause and is not for the purpose of delay. Counsel appreciates that 1 | the Court has already allowed an extension and represent that they do not intend to seek 2 || additional time beyond what is sought in the instant request. 3 Il. ARGUMENT 4 The decision to grant an extension or continuance is within the sound discretion of the 5 | trial court. F.7.C. v. Gill, 265 F.3d 944, 954-55 (9th Cir. 2001). Federal Rule of Civil Procedure 6 || 6(b)(1) provides that when an act must be done within a specified time, the Court “may, for good 7 || cause, extend the time ... with or without motion or notice if the court acts, or if a request is 8 || made, before the original time or its extension expires ....” This Court should grant the Parties’ 9 || Motion because their request is reasonable and supported by good cause. 10 Specifically, undersigned counsel continue to work in cooperation to prepare the joint 11 || pretrial order. Defendant’s counsel was out of the country for planned travel from March 25 : 12 || through April 1, and Plaintiffs counsel was ill for approximately ten days and then engaged in an 13 || out-of-state deposition that unexpectedly went into an unplanned, additional day. The Order has 14 | taken Plaintiffs counsel more time to prepare than initially expected, as she was not involved in 15 | the litigation or discovery before the matter was appealed, and the attorney previously handling 16 || the matter is no longer with the firm. The requested extension will not affect any other deadlines : 17 | or hearings, as no other deadlines or hearings have been set. 18 | /// 19 20 | /// 21 22 | /// 23 24 | /// 25 26 | /// 27 28 | /// 1 I. CONCLUSION 2 Again, the parties take seriously the current deadlines and for that reason are requesting 3 || less than an additional week to complete this task, and represent, as noted above, that they do not 4 || plan to seek any further extension of this deadline. The Parties make this request in good faith 5 || and not to delay these proceedings. Therefore, the Parties respectfully request that the Court 6 || grant this Motion, and allow the Parties until April 10, 2024, in which to file a joint pretrial order. 7 DATED: April 5, 2024. 8 9 SNELL & WILMER L.L.P. MARQUIS AURBACH 10 | Kelly H. Dove /s/ Nick D. Crosby Kelly H. Dove, Esq. Nick D. Crosby, Esq. 11 || Nevada Bar No. 10569 Nevada Bar No. 8996 = 3883 Howard Hughes Parkway, Suite 1100 10001 Park Run Drive 2 12 | Las Vegas, Nevada 89169 Las Vegas, NV 89145 "2 43 Telephone (702) 784-5200 Telephone (702) 382-0711 Facsimile (702) 784-5252 Facsimile (702) 382-5816 14 Email: ncrosby@maclaw.com onze Attorneys for Plaintiff 2868 15 Attorney for Defendants > 22 (16 6 ORDER 2 17 IT IS SO ORDERED. 18 Dated: .April 5, 2024. 19 20 Bitdtiad © Atal Wun U.S. DISTRICT COURT JUDGE 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE 2 I hereby certify that on April 5, 2024, I electronically transmitted the above document to 3 || the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic 4 | Filing to all counsel in this matter, all counsel being registered to receive Electronic Filing. 5 6 /s/ Maricris Williams 7 An employee of Snell & Wilmer L.L.P. 4894-3029-4708.1 8 9 10 1] 12 Zo xs 13 14 Onze (15 zs 16 5 17 18 19 20 21 22 23 24 25 26 27 28