Bolin v. Kohn ( 2024 )

J.CANTOR LAW 1 JULIE D. CANTOR MD | JD** 2 E-mail: jc@jcantorlaw.com 1112 Montana Ave., #330 3 Santa Monica, CA 90403 Telephone: (424) 291-2194 4 **Admitted pro hac vice 5 CLARK HILL PLC PAOLA M. ARMENI, ESQ. 6 Nevada Bar No. 8357 7 E-mail: parmeni@clarkhill.com 1700 S. Pavilion Center Dr., Suite 500 8 Las Vegas, Nevada 89135 Telephone: (702) 862-8300 9 Facsimile: (702) 778-9709 10 Attorneys for Plaintiff Gregory Bolin 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 GREGORY BOLIN, Case No.: 3:23-cv-00168-MMD-CLB 16 Plaintiff, ORDER GRANTING STIPULATION 17 TO CONTINUE DEADLINE TO FILE v. MOTION TO SUBSTITUTE 18 DR. KOHN, et al., 19 Defendants. 20 21 22 Plaintiff GREGORY BOLIN, and Defendants JAMES DZURENDA and MICHAEL 23 MINEV, by and through their respective counsel (the “Parties”), hereby stipulate and 24 respectfully request that this Court continue the deadline to file a Motion to Substitute for the 25 deceased defendant, Defendant Gregory M. Martin, by 90 days from July 16, 2024 to October 26 14, 2024. The Parties are aligned in their interest to identify an individual who can stand in the 27 1 || shoes of Mr. Martin, and an estate has now been identified. The Parties are engaging in meet- 2 || and-confer discussions to determine if this Court can appoint an executor or special 3 || administrator for the estate of Mr. Martin or if the Parties need to move the Clark County 4 || Probate Court to do so. The Parties note that other cases in this federal district are also seeking 5 || the proper party for the substitution of this deceased defendant under FRCP 25. See, e.g., 6 || Macias v. Nevada, No. 3:19-cv-00310-ART-CSD, 2023 WL 4530483, at *7-8 (D. Nev. July 7 || 12, 2023). It may be useful to coordinate these efforts, and the Parties are open to guidance 8 || from the Honorable Court on this issue in order to conserve judicial resources. 9 The Court has inherent power to enlarge this deadline. See Zanowick v. Baxter 10 || Healthcare Corp., 850 F.3d 1090, 1094 (“In 1963, both Rule 6(b) and Rule 25(a)(1) [of the 11 || Federal Rules of Civil Procedure] were amended to give district courts discretion to enlarge the 12 || period of time to substitute a deceased party.”). 13 This request is made in good faith and not for the purposes of delay. 14 15 DATED this 26th day of June 2024: 16 17 CLARK HILL. PLC OFFICE OF THE ATTORNEY GENERAL AARON FORD, Attorney General 18 (s/ Paola M. Arment _ /s/ Douglas R. Rands 19 || PAOLA M. ARMENI, ESQ. DOUGLAS R. RANDS (Bar No. 9674) J. CANTOR LAW Senior Deputy Attorney General 20 /s/ Julie D. Cantor Attorneys for Defendant 1 JULIE D. CANTOR MD | JD Attorneys for Plaintiff 22 23 ORDER 94 | IT IS SO ORDERED. . 26 UNITED STATES MAGISTRATE JUDGE 27 gg fj STIPULATION TO CONTINUE DEADLINE TO FILE MOTION TO SUBSTITUTE