Picozzi v. State of Nevada ( 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 || 1 State of Nevada Way, Ste. 100 Las Vegas, Nevada 89119 5 || (702) 486-9245 (phone) (702) 486-3768 (fax) 6 || Email: vcorey@ag.nv.gov 7 || Attorneys for Defendants Alfonso Alvarez, Paul Araujo, Jason Arrey, 8 || Jay Barth, Gregory Bryan, Jaymie Cabrera, Marie Cervas, Dante Famy, Javier Garcia, 9 || Robin Hennequin, William Kululoia, Dontril Livingston, Malynda Lowery, Danyele Madsen, Rio Manalang, 10 || Francis Moka, Jennifer Nash, Ronald Oliver, Dean Ontiveros, Nicholas Parson, Georges Pele-Taino, 11 || Tawyna Perry, Kristi Roberson, Renan Saintpreux, James Scally, Ernesto Torres, Mare Trotter, 12 || Michael Val, Rodolfo Valle, and Julie Williams 13 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 || MARK PICOZZI, Case No. 2:22-cv-OL011-ART-EJY 17 Plaintiff, 18 || y, STIPULATION AND PROPOSED ORDER TO EXTEND THE TIME FOR 19 || STATE OF NEVADA, et al., DISCOVERY AND DISPOSITIVE MOTIONS 20 Defendants. [FIRST REQUEST] 21 22 Plaintiff Mark Picozzi, and Defendants, by and through counsel, Aaron D. Ford, Nevada Attorney 23 || General, and Victoria C. Corey, Deputy Attorney General, of the State of Nevada, Office of the Attorney 24 General, hereby stipulate and agree to extend the time for discovery and dispositive motions. There is 25 |} good cause for this Court to grant an extension in this case. LR 26-3. This is the parties’ first stipulated 26 |} request to extend deadlines. 27 28 |i/// 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 BACKGROUND AND RELEVANT PROCEDURAL HISTORY 3 On April 15, 2024, this Court issued an order regarding discovery and dispositive motion 4 || deadlines. ECF No. 213. Since then, the parties have been participating actively in the discovery process. 5 {| To that extent, Plaintiff has requested various and numerous emails from multiple Defendants. This 6 || request produced thousands of pages, which undersigned counsel has to go through herself, to redact as 7 necessary to prevent disclosing sensitive information pertaining to other inmates, or information that 8 || would otherwise be a safety and security concern to the institution, the public, or offenders. The parties 9 || have discussed this and are in agreement that this will take time to do. Additionally, undersigned counsel 10 || will be periodically out of office over the next few months for medical purposes. Furthermore, Plaintiff 11 j| requires additional time to schedule and take depositions of some Defendants, as well as propound 12 |} discovery upon Defendant Jacques Graham. The parties have been in constant communication regarding 13 || this, and have stipulated to an extension for discovery and dispositive motions, to allow undersigned 14 || counsel enough time to review all shift logs and redact information as necessary, as well as allow 15 |} undersigned counsel leniency for the medical leave that will have to be taken over the next few months. 16 || IE. STATEMENT OF GOOD CAUSE 17 To demonstrate good cause, the parties must show “that, even in the exercise of due diligence, 18 || [the parties were] unable to meet the timetable set forth in the order.” Cruz v. City of Anaheim, 19 || CV1003997MMMJEMX, 2011 WL 13214312, at *2 (C.D. Cal. Dec. 19, 2011) (citing Zivkovic v, 20 || Southern California Edison Ca,, 302 F.3d 1080, 1087 (9th Cir. 2002); Johnson v. Mammoth Recreations, 21 || Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Prejudice to the opposing party is a factor in determining good 22 || cause, though lack of prejudice ts “not a prerequisite.” Jd. 23 The parties in this matter are working diligently and cohesively with each other to exchange all 24 || relevant information pertaining to this matter. As undersigned counsel herself, has to go through all of 25 || the results that yielded from Plaintiff’s request for shift logs and redact sensitive information, additional 26 |] time is needed. Additionally, undersigned counsel will periodically be out of office over the next few 27 |) months for medical purposes, and will require additional time to complete all discovery requests in this 28 || matter. Furthermore, Plaintiff is planning to conduct depositions in this matter, as well as send discovery 1 || requests to Defendant Jacques Graham. The parties continue to have great communication, and agree that 2 an extension of one-hundred and eighty (180) days is necessary to finish discovery in this matter. 3 PROPOSED SCHEDULE FOR C@MPLETING ALL REMAINING DISCOVERY AND FILING OF DISPOSITIVE MOTIONS 5 The Parties propese the following schedule for completion of alf remaining discovery and the 6 || filing of any dispesitive motions: 7 e¢ The deadline for completion of discovery will be extended to April 14, 2025. 8 « The deadline for amendment of pleadings will be extended to January 13, 2025. 9 e The deadline for expert disclosures will be extended to February 11, 2025, and the 10 disclosures of rebuttal experts will be extended to March 16, 2025. 11 e The deadline to file any dispositive motions will be extended to May 19, 2025. 12 e The deadline to file a Joint Pre-Trial order will be extended until June 16, 2025, or, if 13 dispositive motions are filed, until thirty (30) days after the entry of any order on the 14 dispositive motions. 15 CONCLUSION 16 Based on the foregoing, good cause exists, and the parties respectfully request that this Ceurt 17 || extend the deadlines as outlined above. 18 “ye #4 18 |} DATED this 26th day of August, 2024. DATED thiss?’? day of August, 2024. 20 || AAR@N D. F@RD Attorney General Sp Ut /s/ Victoria C. Corey bow Lies 22 || VICTORIA C. COREY (Bar No. 16364) MARK PICOZZI #1163673 Deputy Attorney General 23 Plaintiff, Pro Se 24 Attorneys for Defendants ORDER 25 26 IT IS SO ORDERED. 27 98 UNITED|STAT (GISTRATE JUDGE Date: August 29, 2024