Hano v. State of Nevada ( 2024 )

Attorney General 2 NATHAN M. CLAUS (Bar No. 15889) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 1 State of Nevada Way, Suite 100 Las Vegas, Nevada 89119 5 (702) 486-7629 (phone) (702) 486-3768 (fax) 6 Email: nclaus@ag.nv.gov 7 Attorneys for Defendants Gregory Bryan, John Faulkner, Julie Williams, 8 Michael Minev, Jaymie Cabrera and Brian Williams 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 DAVID A. HANO, Case No. 2:19-cv-02246-GMN-EJY 13 Plaintiff, 14 v. STIPULATION AND ORDER FOR 15 STATE OF NEVADA, EX REL NEVADA EXTENSION OF DISCOVERY TO DEPARTMENT OF CORRECTIONS, et CONDUCT DEPOSITION 16 al., [FIRST REQUEST] 17 Defendants. 18 19 Plaintiff, David A. Hano, and Defendants Gregory Bryan, John Faulkner, Julie 20 Williams, Michael Minev, Jaymie Cabrera and Brian Williams, by and through their 21 respective counsels, hereby submit their joint Stipulation and Order for Extension Of 22 Discovery To Conduct Deposition [First Request]. This Motion is made pursuant to the 23 Federal Rule of Civil Procedure 6(b)(1)(A), and it is based upon the following Memorandum 24 of Points and Authorities and all other pleadings and files contained herein. 25 // 26 // 27 // 28 // 2 I. NATURE OF THE MOTION 3 Good cause exists to extend the discovery deadline to permit Plaintiff to complete 4 the deposition of Defendant Gregory Bryan on November 4, 2024. The parties are not 5 seeking an extension on any other discovery or case deadline. 6 II. BRIEF STATEMENT OF THE CASE 7 Plaintiff filed a civil rights complaint alleging Eighth Amendment deliberate 8 indifference to serious medical needs claim against defendants.1 On June 18, 2024, this 9 Court issued an amended scheduling order and set the following deadlines in this matter:2 10 • Discovery cutoff: October 25, 2024 11 • Dispositive motions: November 27, 2024 12 • Joint proposed pretrial order: December 30, 2024, or 30 days after resolution 13 of dispositive motions. 14 Counsel for both parties have been diligently working to complete discovery and will 15 have everything completed except for the deposition of Gregory Bryan which has been 16 scheduled for November 4, 2024. 17 III. DISCUSSION 18 Pursuant to Fed. R. Civ. P. 6(b)(1)(A), the court may, for good cause, extend the time 19 in which an act must be done if a request is made before the original time or its extension 20 expires. The proper procedure, when additional time for any purpose is needed, is to present 21 to the Court a request for extension of time before the time then fixed for the purpose in 22 question has expired.3 Extensions of time may always be asked for and usually are granted 23 on a showing of good cause if timely made under subdivision (b)(1) of the Rule.4 Under 24 Local Rule 26-3, “[a] motion or stipulation to extend any date set by the discovery plan, 25 scheduling order, or other order must … be supported by a showing of good cause for the 26 1 ECF No. 213. 27 2 ECF No. 219. 3 Canup v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D.Pa.1962) 28 4 Creedon v. Taubman, 8 F.R.D. 268 (N.D.Ohio 1947) 2 supported by a showing of good cause.”5 A request made after the expiration of the subject 3 deadline will not be granted unless the movant also demonstrates that the failure to act 4 was the result of excusable neglect.6 5 At this time, the discovery completed includes defendants sending exchanging initial 6 disclosures. Neither party disclosed any experts. Plaintiff has sent interrogatives and 7 requests for production that are due on October 25, 2024. Defendants will provide responses 8 by that date. Additionally, the deposition for John Faulker has been set up for October 17, 9 2024. Plaintiff wants to take the deposition of Dr. Gregory Bryan. Due to scheduling issues 10 regarding travel and work assignments, the earliest that Dr. Bryan is able to attend a 11 deposition would be November 4, 2024. 12 The parties submit that the facts and the argument contained herein constitute good 13 cause to extend the discovery deadlines to allow this deposition outside of the current 14 deadline for discovery. The parties are diligently prosecuting this case and have a positive 15 working relationship. 16 The parties’ Motion is made in good faith, without dilatory motive, does not cause 17 undue delay, and provides efficient sequencing of deadlines. This request for additional 18 time is outside the 21-day requirement under Local Rule 26-3. 19 The parties are not seeking a change to any of the other deadlines in this case. 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 5 Local Rule 26-3. 28 6 Id. 2 Based upon the foregoing, the parties respectfully submit that their joint Stipulation 3 and Order for Extension of Discovery To Conduct Deposition meets good cause and should 4 be granted. 5 DATED this 14th of October, 2024. DATED this 14th of October, 2024. 6 AARON D. FORD Attorney General 7 By: /s/ Alex He By: /s/ Nathan M. Claus 8 Alex He, Esq. (Bar No. 15054 Nathan M. Claus, Esq. (Bar No. 15889) Curriden Deputy Attorney General 9 Attorneys for Plaintiff Attorneys for Defendants 10 11 12 13 IT IS SO ORDERED. 14 15 _________________________________ 16 U.S. Magistrate Judge 17 Date: October 15, 2024 18 19 20 21 22 23 24 25 26 27 28