Johnson v. Southern Desert Correctional Center ( 2024 )

Attorney General 2 ANDREW C. NELSON, Bar No. 15971 Senior Deputy Attorney General 3 State of Nevada 100 N. Carson Street 4 Carson City, NV 89701-4717 Tel: (775) 684-1227 5 E-mail: acnelson@ag.nv.gov 6 Attorneys for Defendants James Cox, James Dzurenda, 7 Michaela Garafalo, and Brian Williams 8 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 LAUSTEVEION JOHNSON, Case No. 2:19-cv-00232-MMD-DJA 13 Plaintiff, JOINT STIPULATION 14 v. TO EXTEND THE DISCOVERY PERIOD 15 SOUTHERN DESERT CORRECTIONAL (Third Request) CENTER, et al., 16 Defendants. 17 18 Plaintiff, Lausteveion Johnson, by and through counsel Michael S. Kelley and I. 19 Scott Bogatz, of Reid Rubinstein and Bogatz, and Defendants, James Cox, James 20 Dzurenda, Michaela Garafalo, and Brian Williams, by and through counsel, Aaron D. Ford, 21 Nevada Attorney General, and Andrew C. Nelson, Senior Deputy Attorney General, of the 22 State of Nevada, Office of the Attorney General, hereby stipulate and agree to extend the 23 current discovery deadlines for an additional sixty (60) days commencing April 29, 2024. 24 This is the parties’ third request to extend the discovery period in this matter. 25 /// 26 /// 27 /// 28 /// 2 1. The Defendants’ Initial Disclosure of Witnesses and Documents Pursuant to Fed. 3 R. Civ. P. 26(a)(1). 4 2. Plaintiff’s Request for Interrogatories [Set One] to Defendant Brian Williams 5 sent on May 27, 2019 6 a. No Response was provided by the Defendants. 7 3. Plaintiff’s Request for Production of Documents [Set One] to Defendant Brian 8 Williams sent on May 27, 2019 9 a. No Response was provided by the Defendants. 10 4. Plaintiff’s Request for Interrogatories [Set One] to Defendant James Dzurenda 11 sent on May 27, 2019 12 a. No Response was provided by the Defendants. 13 5. Plaintiff’s Request for Production of Documents [Set One] to Defendant James 14 Dzurenda sent on May 27, 2019 15 a. No Response was provided by the Defendants. 16 6. Plaintiff’s First Set of Interrogatories to the Defendants sent on December 21, 17 2023 18 7. Plaintiff’s First Set of Requests for Production of Documents sent on December 19 21, 2023. 20 B. DISCOVERY REMAINING TO BE COMPLETED 21 1. The Parties further anticipate propounding additional discovery, including 22 written discovery, third party discovery, and depositions. 23 2. The Plaintiff is anticipating conducting several depositions with the defendants 24 and persons most knowledgeable. 25 C. GOOD CAUSE AND EXCUSABLE NEGLECT TO EXTEND DISCOVERY 26 To amend a scheduling order, a party must demonstrate good cause (if the filing is 27 made 21 days before the discovery deadline) or excusable neglect (if the filing is made 28 within or after 21 days before the discovery deadline. LR 26-3; LR IA 6-1(a). Courts 2 party when ruling on a motion to reopen discovery under the excusable neglect standard. 3 See Alcantara v. Bodega Latina Corp., No. 2:18-cv-00882-JAD-BNW, 2021 WL 1771870, 4 at *1-2 (D. Nev. 2021). 5 The parties have been working to schedule depositions in this matter, however, 6 given the nature of these allegations stemming from 2015-2017, there has been a difficulty 7 in scheduling depositions with parties who contain personal knowledge. Recently, the 8 parties did have depositions scheduled for April 24 and April 25, however, due to the age 9 of this matter, the parties felt it would be necessary to reschedule those depositions in 10 order to obtain individuals with more personal knowledge. Given that, there is a 11 substantial need for modification to the scheduling order. Additionally, there would not be 12 any prejudice to Plaintiff, Lausteveion Johnson due to the extension allowing more time 13 to conduct those depositions for his claims in this matter. 14 D. NEW DISCOVERY DEADLINES AND TRIAL-RELATED DATES 15 The parties stipulate to and propose the following new deadlines: 16 1. Discovery Cut-Off: June 28, 2024 17 2. Discovery Motions: July 12, 2024 18 3. Dispositive Motions: July 26, 2024 19 4. Pretrial Order (if no dispositive motions filed: August 26, 2024 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 THE REQUESTED TRIAL DATE DOES NOT NEED MODIFICATION 2 Trial is currently set in this matter to commence on October 8, 2024, with the 3 ||Calendar Call being set for September 16, 2024. At this time, the parties do not see the 4 ||need to extend the date set for trial. 5 IT IS SO STIPULATED. 6 || Dated this 30th day of April, 2024. Dated this 30th day of April, 2024 7 ||REID RUBINSTEIN & BOGATZ AARON D. FORD, Attorney General 8 9 ||By: /s/Michael S. Kelley By: /s/Andrew C. Nelson I. SCOTT BOGATZ, Bar No. 3367 ANDREW C. NELSON, Bar No. 15971 10 MICHAEL S. KELLEY, Bar No.10101 Senior Deputy Attorney General 300 South 4 Street, Ste. 830 Office of the Attorney General 11 Las Vegas, NV 89101 State of Nevada 100 N. Carson St. 12 || Attorneys for Plaintiff Carson City, NV. 89701-4717 Tele: (775) 684-1227 13 E-Mail: acnelson@ag.nv.gov 14 Attorneys for Defendants 15 16 IT IS SO ORDERED. 17 0 \ K NA 4) 18 DANIEL J. ALBREGTS | 19 UNITED STATES MAGISTRATE JUDGE 20 DATED: May 1, 2024 21 22 23 24 25 26 27 28 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on April 30, 2024, I electronically filed the foregoing, JOINT STIPULATION TO 4 EXTEND THE DISCOVERY PERIOD (Third Request), via this Court’s electronic 5 filing system. Parties that are registered with this Court’s electronic filing system will be 6 served electronically. For those parties not registered, service was made by depositing a 7 copy for mailing, addressed to the following: 8 Reid Rubinstein &Bogatz 300 South Virginia Street, Suite 830 9 Las Vegas, NV 89101 sbogatz@rrblf.com 10 mkelley@rrblf.com 11 12 /s/ Karen Easton An employee of the 13 Office of the Nevada Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28