Wells v. Guzman ( 2024 )

1 Michael J. Wells, in pro se 480 Blue Skies Dr. 2 Sparks, NV 89436 775-742-0490 3 mikewellsinreno@gmail.com 4 UNITED STATES DISTRICT COURT 5 6 DISTRICT OF NEVADA 7 MICHAEL J. WELLS, Case No. 3:19-cv-00407-MMD-CLB 8 Plaintiff, Order Granting Stipulation and Order to 9 v. Extend Deadline for Plaintiff to File a Reply to Defendant’s Response to 10 ISABELLA CASILLAS GUZMAN, Plaintiff’s Motion to Stay the Final Order 11 Administrator of the U.S. SMALL (ECF No. 82) and Judgment (ECF No. 83) BUSINESS ADMINISTRATION, et al., Pending Appeal 12 Defendants. (Second Request) 13 14 Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure and Rule IA 6-1 of this Court’s 15 Local Rules, the parties, through undersigned counsel, stipulate to a thirty day extension, from September 16 4, 2024, to October 4, 2024, for Plaintiff to reply to Federal Defendant’s Response to Plaintiff’s motion to 17 stay the final order (ECF No. 82) and judgment (ECF No. 83) pending appeal (“plaintiff’s motion to 18 stay.”) The current deadline to file a response is September 4, 2024. This is the second request for an 19 extension. 20 On July 31, 2024, Pro Se Plaintiff Michael Wells and undersigned counsel for the Federal 21 Defendant conferred via email and agreed to an extension of thirty days for Plaintiff to file a reply to 22 Defendant’s Response to Plaintiff’s motion to stay. The purpose of the extension is due to the following 23 reasons: 1. Wells is employed by a Teamsters Union workplace and in the last scheduling bid, Wells 24 weekly work requirement was increased from 24 hours per week to 40 hours per week.; 2. Since Loper 25 Bright Enters. v. Raimondo, Sec'y of Commerce, No. 22-451 (June 28, 2024) and Jarkesy v. Sec. & Exch. 26 Comm'n, 803 F.3d 9 (D.C. Cir. 2015) were decided late last June, Loper Bright has been cited 102 times 27 and Jarkesy has been cited 8 times. It is now clear to me that both are on point in this case and the citing 28 cases provide additional clarity for my arguments and I need additional time to include them in my Reply. ! 113. Wells has recently been diagnosed with prostate cancer and his medical calendar has become very 2 |Vactive. Extending the deadline will provide the necessary time for the Federal Plaintiff to evaluate the 3 arguments made in Defendant’s Response to Plaintiffs motion and to prepare a Reply to the same. This 4 stipulated request is filed in good faith and not for the purposes of undue delay. 5 Respectfully submitted this 29th day of September 2024. 6 7 JASON M. FRIERSON United States Attorney /s/Virginia T. Tomova /s/Michael J Wells 9 VIRGINIA T. TOMOVA Michael J. Wells in pro se 10 Assistant United States Attorney Attorneys for the Federal Defendant 11 12 IT IS SO ORD 13 UNITED STATES DISTRICT JUDGE 15 DATED: August 30, 2024 16 17 18 19 20 21 22 23 24 25 26 27 28