Santana v. Revus ( 2024 )

1 | |MARGARET A. MCLETCHIE, Nevada Bar No. 10931 LEO S. WOLPERT, Nevada Bar No. 12658 2 | |MCLETCHIE LAW 3 | [602 South 10" Street Las Vegas, NV 89101 4 | | Telephone: (702) 728-5300 / Fax: (702) 425-8220 Email: efile@nvlitigation.com 5| | Counsel for Plaintiff Vincent Santana ° UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 | | VINCENT SANTANA, an individual, Case No.: 3:23-cv-00395-ART-CSD 9 Plaintiff, 10 STIPULATION AND ORDER vs. EXTENDING DEADLINE TO FILE RESPONSE TO MOTION TO 12 | |STATE OF NEVADA, ex. rel. NEVADA | DISMISS DEPARTMENT OF CORRECTIONS; 13||DANA MARKS, as an individual; ERIN | (SECOND REQUEST) 2 14 PARKS, as an individual; SARAH RUSHTON, as an individual; DESIREE 15 | |HULTENSCHMIDT, as an_ individual; VALAREE OLIVAS, as an_ individual; zig2 16|)|STATE OF NEVADA, ex. rel. NEVADA 8 7 DEPARTMENT OF CORRECTIONS; STATE OF NEVADA ex. rel. BOARD OF 18||PRISON COMMISSIONERS; JOSEPH LOMBARDO, in his official capacity; 19|) AARON FORD, in his official capacity; 29 | |FRANCISCO AGUILAR, in his official capacity; JAMES DZURENDA, in his 21 | | official capacity; and JOSEPH BENSON, in his official capacity; and DOES 1-10 22 | | inclusive. 23 Defendants. 24 Plaintiff Vincent Santana and Defendants State of Nevada ex. rel. Nevada 2 Department of Corrections, et. al., by and through their respective counsel, hereby stipulate 26 and request that this Court grant an extension of time for Plaintiff to file his response to 27 Defendants’ Motion to Dismiss (ECF No. 22.) Plaintiff's counsel have continued to deal with 28 family medical emergencies in May and June, 2024. Specifically, Mr. Wolpert’s father passed 1 | |Jaway on May 17, 2024, requiring Mr. Wolpert and Ms. McLetchie to travel to Tucson, Arizona 2 | |to assist with and attend the funeral. Mr. Wolpert was subsequently required to return to Tucson 3 | |in June to assist his widowed mother. Furthermore, Ms. McLetchie continues to assist her mother 4 | with treatment for stage IV liver cancer—specifically with recovering from the severe effects of 5 | |targeted chemotherapy. The Parties agree that a 14-day extension of time would be appropriate. 6 | | This is the second request for an extension of this deadline. 7 This extension is to allow Plaintiff to properly review and respond to the motion to 8 | {dismiss and not for the purpose of delay. The parties respectfully request this Court adjust the 9 | |deadlines as set forth above—specifically, moving the deadline to respond to the motion to 10 | |dismiss from June 28, 2024 to July 12, 2024. 1] D IT IS SO STIPULATED. = 13 DATED this 28" day of June, 2024. DATED this 28" day of June, 2024. 14 MCLETCHIE LAW AARON D. FORD, Attorney General & d= 2 15 2 : 16 | [By: /s/ Leo §. Wolpert /s/ Andrew C. Nelson MARGARET A. MCLETCHIE ANDREW C. NELSON = 17] |Nevada Bar No. 10931 Nevada Bar No. 15971 LEO S. WOLPERT, Senior Deputy Attorney General 18 | |Nevada Bar No. 12658 NATHAN M. CLAUS 19 602 South Tenth Street Nevada Bar No. 15889 Las Vegas, Nevada 89101 Deputy Attorney General 20 | |Telephone: (702) 728-5300 State of Nevada Fax: (702) 425-8220 100 N. Carson Street |Email: efile@nvlitigation.com Carson City, Nevada 89701-4717 9 | |Attorneys for Plaintiff Tel: (775) 684-1227 E-mail: acnelson@ag.nv.gov 23 Attorneys for Defendants 24 ORDER 25 IT IS SO ORDERED 26 July 1, 2024 Cs 28 U.S. MAGISTRATE JU