Dittmar v. City of North Las Vegas, No. 2:2017cv02916 - Document 108 (D. Nev. 2021)
Court Description: ORDER Granting Nunc Pro Tunc 103 Stipulation Re: 95 Motion for Partial Summary Judgment; Responses due by 6/29/2021. Replies due by 7/20/2021. Signed by Judge Jennifer A. Dorsey on 7/1/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Dittmar v. City of North Las Vegas 1 2 3 4 5 Doc. 108 MELANIE A. HILL, ESQ. Nevada Bar No. 8796 MELANIE HILL LAW PLLC 1925 Village Center Circle, Suite 150 Las Vegas, NV 89134 Tel: (702) 362-8500 Fax: (702) 362-8505 Email: Melanie@MelanieHillLaw.com Attorney for Plaintiff Pamela Dittmar 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ***** 11 12 PAMELA DITTMAR, Plaintiff, 13 14 15 16 17 v. CITY OF NORTH LAS VEGAS, a municipal corporation, Defendant. Case No. 2:17-cv-02916-JAD-BNW ORDER GRANTING NUNC PRO TUNC STIPULATION TO EXTEND PLAINTIFF’S DISPOSITIVE MOTION RESPONSE AND THE PARTIES’ REPLY DEADLINES FOR ONE DAY (Seventh Request) [ECF No. 103] 18 19 20 21 22 23 24 25 26 27 28 NOW COMES the Plaintiff, Pamela Dittmar, by and through her attorneys, Melanie A. Hill and Melanie Hill Law PLLC, and Defendant, City of North Las Vegas, by and through its attorneys, R. Todd Creer, Kaitlin H. Paxton, and Kamer Zucker Abbott, who hereby stipulate that the deadline for Plaintiff to file her response to the currently pending dispositive motion be extended one (1) judicial day from the current deadline of June 28, 2021 up to an including June 29, 2021. This is the seventh request for an extension of the dispositive motion deadline. The first request was by stipulation to extend the dispositive motion deadline thirty (30) days from the extended discovery cutoff deadline to complete the remaining two depositions. The second request was by motion due to Plaintiff’s counsel’s ongoing illness with Covid-19 symptoms. The third request was by stipulation due to Plaintiff’s counsel’s immediate family member’s emergency –1– STIPULATION TO EXTEND DISPOSITIVE MOTION RESPONSE AND REPLY DEADLINES Dockets.Justia.com 1 hospitalization for nearly one week. The fourth request was by stipulation due to Plaintiff’s 2 counsel’s significant injuries from two separate accidents. The fifth request was by stipulation due 3 to Plaintiff’s counsel’s significant injuries from two separate accidents to allow her to have 4 additional diagnostic tests, pain management, and give her additional time from her original estimate 5 on a requested extension to treat and heal. The sixth request was made by stipulation to allow 6 Plaintiff’s counsel additional time to obtain assistance with the formatting and preparation of the 7 response exhibits and citations to the same in the response because her paralegal had a medical 8 procedure last Friday and could not assist counsel due to a medical procedure. This seventh request 9 is made by Stipulation and the parties have agreed to extend Plaintiff’s counsel deadline to file her 10 response, declarations, and exhibits (including audio clips counsel needs to imbed into the brief) in 11 support of her response to motion for summary judgment an additional one (1) day due to an acute 12 gastro illness that Plaintiff’s counsel is suffering from that she informed counsel for Defendant came 13 on suddenly in the early morning around 5:00am and gave her severe nausea and diarrhea. 14 Plaintiff’s counsel further informed counsel for Defendant that after counsel woke up and started 15 working it appeared to have resolved, however it just came back with a vengeance around 4:30pm 16 and Plaintiff’s counsel has severe nausea, dry heaving, and diarrhea. Plaintiff’s counsel further 17 informed counsel for Defendant that the acute illness is slowing counsel down from final completion 18 of the response and counsel needed to lie down and rest for a few hours further delaying her filing 19 before the midnight deadline on June 28, 2021. Plaintiff’s counsel further informed counsel for 20 Defendant that even through her illness counsel is finalizing the response, declarations, exhibits, and 21 audio clips and will file the response as soon as she is able within the next day to avoid any prejudice 22 to Defendant CNLV who filed its response today because the parties had agreed in past extensions to 23 move both parties’ deadlines each time to avoid any prejudice to the Defendant. 24 dispositive nature of this motion, counsel requested, and the parties stipulated, to this additional one- 25 day extension due to Plaintiff’s counsel’s acute illness so Ms. Dittmar is not prejudiced in her case 26 due to counsel’s acute gastro illness. Given the 27 As soon as it became apparent to counsel for Plaintiff that additional time was necessary to 28 finalize the response, declarations, and citations to the exhibits due to her acute illness, counsel sent –2– STIPULATION TO EXTEND DISPOSITIVE MOTION RESPONSE AND REPLY DEADLINES 1 an email to counsel for Defendant at approximately 7:00pm requesting a one (1) day extension to file 2 after midnight. Counsel for Defendant graciously responded at approximately 10:00pm agreeing to 3 stipulate to the requested one day extension. 4 In support of this Stipulation and Order, the parties state as follows: 5 1. The current deadline to file responses to the currently pending dispositive motions is 6 June 28, 2021. When the parties first entered into a stipulation to extend the dispositive motion 7 deadline, it was to extend the dispositive motion deadline to thirty (30) days from the extended 8 discovery cutoff deadline to complete the remaining two depositions. When the parties next 9 entered into a stipulation to extend the dispositive motion deadline, it was to extend the dispositive 10 motion deadline thirty (30) days due to Plaintiff’s counsel’s ongoing illness with Covid-19 11 symptoms. The parties then entered into a stipulation for an additional seven (7) days due to 12 Plaintiff’s counsel’s family member’s health emergency. The parties then stipulated to extend the 13 dispositive motion deadline due to Plaintiff’s counsel’s significant injuries from two separate 14 accidents to allow Plaintiff’s counsel to have additional diagnostic tests, pain management, and 15 additional time from her original estimate on a requested extension to treat and heal. Last Friday, 16 the parties again stipulated to an extension to allow Plaintiff’s counsel addition time to prepare seek 17 assistance in preparing her exhibits that she needs to cite to in the response and declarations. Due to 18 Plaintiff’s counsel’s continued pain from two separate accidents, she is also not able to sit and work 19 for long periods of time and the exhibit formatting and preparation, in addition to the response 20 preparation is very time consuming and her pain has increased due to time spent sitting and working 21 and standing and working at her standing desk for lengthy periods of time. As a result of needing to 22 take lengthy breaks to reduce the pain, counsel for Plaintiff sought additional time and assistance to 23 complete the response and exhibits necessitating the prior stipulation to extend the response and 24 reply deadlines one (1) judicial day. 25 2. Counsel for Plaintiff reached out to counsel for Defendant this evening to inform 26 counsel that she needs one additional day to file her response, declarations, and exhibits (including 27 audio clips counsel needs to imbed into the brief) in support of her response to motion for summary 28 judgment due after the midnight deadline due to an acute gastro illness that Plaintiff’s counsel –3– STIPULATION TO EXTEND DISPOSITIVE MOTION RESPONSE AND REPLY DEADLINES 1 informed counsel for Defendant came on suddenly in the early morning around 5:00am and gave her 2 severe nausea and diarrhea. Plaintiff’s counsel further informed counsel for Defendant that after 3 counsel woke up and started working it appeared to have resolved, however it just came back with a 4 vengeance around 4:30pm and Plaintiff’s counsel has severe nausea, dry heaving, and diarrhea. 5 Plaintiff’s counsel further informed counsel for Defendant that the acute illness is slowing counsel 6 down from final completion of the response and counsel needed to lie down and rest for a few hours 7 further delaying her filing before the midnight deadline on June 28, 2021. Plaintiff’s counsel further 8 informed counsel for Defendant that even through her illness counsel is finalizing the response, 9 declarations, exhibits, and audio clips and will file the response as soon as she is able within the next 10 day to avoid any prejudice to Defendant CNLV who filed their response today because the parties 11 had agreed in past extensions to move both parties’ deadlines each time to avoid any prejudice to the 12 Defendant. Given the dispositive nature of this motion, counsel requested, and the parties stipulated, 13 to this additional one-day extension due to Plaintiff’s counsel’s acute illness so Ms. Dittmar is not 14 prejudiced in her case due to counsel’s acute gastro illness. 15 continued pain from two separate accidents, she is also not able to sit and work for long periods of 16 time and the exhibit formatting and preparation, in addition to the response preparation is very time 17 consuming and her pain has increased due to time spent sitting and working and standing and 18 working at her standing desk for lengthy periods of time. As a result of needing to take lengthy 19 breaks to reduce the pain and due to her acute gastro illness, counsel for Plaintiff needs additional 20 time and assistance to complete the response and embed the audio exhibits necessitating this 21 stipulation to extend the response one additional day. 22 3. Additionally, due to Plaintiff’s Through this Stipulation, and to avoid prejudice to Defendant in preparing and filing 23 its briefs on the same day, this stipulation extends the deadline for both parties to file their replies 24 one additional day which is consistent with the parties’ prior agreement and stipulations. The new 25 reply deadline the parties have stipulated to is July 20, 2021. 26 4. Through this Stipulation, the parties request that the Court extend the deadline to file 27 Plaintiff’s response to Defendant CNLV’s dispositive motion until June 29, 2021. Plaintiff further 28 requests that the Court extend the deadline for both parties to file replies until July 20, 2021. No –4– STIPULATION TO EXTEND DISPOSITIVE MOTION RESPONSE AND REPLY DEADLINES 1 other deadlines are being extended by this motion, such as the deadline for discovery and to file a 2 motion to compel written discovery. 5. 3 Courts in the District of Nevada have routinely held extensions of deadlines for 4 illness and the “practicalities of life” establish good cause for the requested extension. In Morales v. 5 McDaniel, District of Nevada Magistrate Judge Baldwin found good cause to grant an extension and 6 held as follows: 7 “The proper procedure, when additional time for any purpose is needed, is to present to the Court a timely request for an extension before the time fixed has expired (i.e., a request presented before the time then fixed for the purpose in question has expired).” Canup v. Miss. Valley Barge Line Co., 31 F.R.D. 282, 283 (D. Pa. 1962). The Canup Court explained that “the practicalities of life” (such as an attorney’s “conflicting professional engagements” or personal commitments such as vacations, family activities, illnesses, or death) often necessitate an enlargement of time to comply with a court deadline. Id. Extensions of time “usually are granted upon a showing of good cause, if timely made.” Creedon v. Taubman, 8 F.R.D. 268, 269 (D. Ohio 1947). The good cause standard considers a party’s diligence in seeking the continuance or extension. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). 8 9 10 11 12 13 2019 U.S. Dist. LEXIS 173103 (D. Nev. Oct. 3, 2019). 6. 14 This Stipulation to extend Plaintiff’s dispositive motion response deadline is 15 brought in good faith, with a showing of good cause, and is not sought for any improper 16 purpose or other purpose of delay, but to allow counsel for the Plaintiff additional time to finalize 17 and file her response, declarations, and exhibits (including audio clips counsel needs to embed into 18 the brief) in support of her response to motion for summary judgment until after the midnight 19 deadline due to an acute gastro illness that came on suddenly in the early morning around 5:00am 20 and gave her severe nausea and diarrhea and is continuing. This extension will allow counsel for 21 Plaintiff the additional time necessary to do so in light of her medical issues and acute illness. 7. 22 In accordance with LR 26-3, a stipulation to extend any date set by the discovery 23 plan, scheduling order, or other order must, in addition to satisfying the requirements of LR IA 6-1, 24 be supported by a showing of good cause for the extension. Local R. 26-3. Plaintiff submits that 25 good cause exists under the totality of the circumstances provided herein due to her medical issues, 26 ongoing pain, and acute illness that came on early this morning necessitating this last extension until 27 Tuesday, June 29, 2021. Additionally, the requested extension is only for one (1) additional day. 28 /// –5– STIPULATION TO EXTEND DISPOSITIVE MOTION RESPONSE AND REPLY DEADLINES 1 WHEREFORE, the parties respectfully request by this Stipulation that the Court extend 2 the deadline for Plaintiff to file her response to the pending dispositive motion one (1) additional day 3 from the current deadline of June 28, 2021 up to and including June 29, 2021 and further requests 4 that the Court extend the deadline to file replies to the dispositive motions from the current deadline 5 of July 19, 2021 up to and including July 20, 2021. 6 7 DATED this 28th day of June, 2021. 8 MELANIE HILL LAW PLLC 9 10 11 12 13 By: KAMER ZUCKER ABBOTT /s/ Melanie A. Hill Melanie A. Hill, Esq. (NV Bar No. 8796) 1925 Village Center Circle, Ste. 150 Las Vegas, Nevada 89134 Telephone: (702) 362-8500 Facsimile: (702) 362-8505 Melanie@MelanieHillLaw.com Attorneys for Plaintiff Pamela Dittmar By: 14 /s/ Kaitlin H. Paxton R. Todd Creer (NV Bar No. 10016) Kaitlin H. Paxton (NV Bar No. 13625) 3000 West Charleston Blvd., Suite 3 Las Vegas, Nevada 89102 Telephone: (702) 259-8640 Facsimile: (702) 259-8646 kpaxton@kzalaw.com Attorneys for Defendant City of North Las Vegas 15 16 17 IT IS SO ORDERED NUNC PRO TUNC: 18 19 20 21 ____________________________________ U.S. District Judge Jennifer A. Dorsey Dated: July 1, 2021 22 23 24 25 26 27 28 –6– STIPULATION TO EXTEND DISPOSITIVE MOTION RESPONSE AND REPLY DEADLINES
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