Dickson v. State of Nevada et al, No. 2:2021cv00999 - Document 30 (D. Nev. 2023)
Court Description: ORDER Granting 29 Stipulation regarding extension of discovery deadlines. Discovery due by 7/31/2023. Motions due by 9/8/2023. Proposed Joint Pretrial Order due by 10/13/2023. Signed by Magistrate Judge Elayna J. Youchah on 3/30/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Dickson v. State of Nevada et al Doc. 30 Case 2:21-cv-00999-JAD-EJY Document 30 Filed 03/30/23 Page 1 of 6 1 2 3 4 5 6 AARON D. FORD Nevada Attorney General SCOTT H. HUSBANDS Senior Deputy Attorney General Nevada Bar No. 11398 State of Nevada Office of the Attorney General 5420 Kietzke Lane, Suite 202 Reno, NV 89511 (775) 687-2121 (phone) (775) 688-1822 (fax) Email: shusbands@ag.nv.gov Attorneys for Defendants 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 LYLE EDWARD DICKSON, 10 11 12 13 14 Plaintiff, Case No. 2:21-cv-00999-JAD-EJY v. STIPULATION AND ORDER REGARDING EXTENSION OF DISCOVERY DEADLINES THE STATE OF NEVADA, a constitutional governmental entity; NEVADA HOUSING DIVISION, a division of the State of Nevada, [FIRST REQUEST] Defendants. 15 16 Pursuant to LR IA 6-1, LR 7-1, and LR 26-3, Plaintiff Lyle Edward Dickson (“Plaintiff” 17 or “Mr. Dickson”) and Defendant State of Nevada and Nevada Housing Division 18 (“Defendants”), by and through their respective attorneys of record, hereby stipulate and request 19 that this court extend the discovery deadlines and other deadlines in this matter for a period of 20 six months. This is the parties’ first request to extend deadlines in this matter. 21 22 In support of this stipulation and request, the parties state as follows: I. DISCOVERY COMPLETED TO DATE 23 1. The parties in this matter are parties to a lawsuit venued in Nevada state court. That 24 case is located in the 8th Judicial District Court and involves the same claims as this Page 1 of 6 Dockets.Justia.com Case 2:21-cv-00999-JAD-EJY Document 30 Filed 03/30/23 Page 2 of 6 1 matter except that the claims in this matter arise under federal law and the claims 2 in the state court matter arise under state law. 3 2. The parties have engaged in extensive discovery in the state court matter. The 4 parties have agreed to treat all disclosures and discovery in that matter as done in 5 the federal matter. The parties exchanged initial disclosures in that matter and 6 timely supplemented their disclosures during the course of litigation. 7 discovery completed in that case, and likewise in this matter, consists of the 8 following (the discovery referenced has been answered): The 9 a. Plaintiff’s First Set of Requests for Production and Interrogatories to 10 Defendant Nevada Housing Division, Mrs. Amber Neff and Mr. Jacob 11 LaRow. 12 b. Plaintiff Second Set of Interrogatories to Defendant Amber Neff. 13 c. Defendants Nevada Housing Division, Mrs. Amber Neff and Mr. Jacob 14 LaRow First Sets of Interrogatories and First Request for Production of 15 Documents to Plaintiff. 16 d. Depositions of Administrator for Nevada Housing Division, Mrs. Amber 17 18 Neff, Mr. Jacob LaRow, and Plaintiff. II. WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED 19 The parties in this matter appeared for a full-day arbitration in the state court case on 20 February 8, 2023. That was approximately one week after the discovery cutoff expired in this 21 matter. Having completed a significant amount of discovery in the state matter, that the parties 22 agreed to use in this matter, the parties’ hope was that there would not be a need to extend 23 discovery in this case. The parties’ hope was also that there would be a decision issued soon 24 after the February 8, 2023, arbitration and that such a decision would drive a resolution in this Page 2 of 6 Case 2:21-cv-00999-JAD-EJY Document 30 Filed 03/30/23 Page 3 of 6 1 matter and also help identify the need for any additional discovery or litigation. The parties 2 have not yet received a decision in that matter as a result of agreeing to submit written closings. 3 The parties submitted those written closings on Monday, March 27, 2023. Mr. Dickson is to 4 submit a reply by Thursday, March 30, 2023. The Arbitrator will then have 30 days to issue a 5 decision. In the meantime, the parties have reviewed the discovery done to date in that matter 6 and now believe that additional discovery in this matter may be warranted. Specifically, Mr. 7 Dickson has discussed several issues he may wish to pursue in discovery in this matter. The 8 Defendants will need to work with Mr. Dickson on his discovery responses to date and based 9 on the resolution of those issues, additional discovery may be needed. Further, there may be a 10 need for additional discovery based on the Arbitrator’s decision. Lastly, there remains the 11 possibility of a global resolution of both matters based on whatever decision is made by the 12 Arbitrator in the state court case. For these reasons, the parties have been unable to complete 13 discovery in this matter and/or timely file any dispositive motion. 14 The parties were not able to request that the discovery and dispositive motion cutoff be 15 extended in this matter, prior to those deadlines expiring, because the parties were extensively 16 involved in arbitrating the state court matter and working on any follow-up from the arbitration. 17 Further, the parties are anticipating that the state court decision will necessitate changes to the 18 parties’ discovery needs and litigation strategy for this matter. The parties offer this explanation 19 as a demonstration of excusable neglect to support the request to extend deadlines that have 20 already expired. The parties submit that they did not informally postpone discovery. Rather, 21 the parties identified the need for additional discovery in this matter, and potential motion 22 practice, as they (i) prepared for the arbitration in the state court case, (ii) arbitrated the case, 23 by the Arbitrator. These issues all arose after the discovery deadline and dispositive motion 24 cutoff had already expired. Page 3 of 6 Case 2:21-cv-00999-JAD-EJY Document 30 Filed 03/30/23 Page 4 of 6 1 III. REMAINING DISCOVERY 2 The parties have requested a six-month extension for the discovery deadline, dispositive 3 motion cutoff, and any unexpired deadlines. This period of six months will allow for the parties 4 to receive a decision from the Arbitrator in the state court case and determine any needs for 5 further discovery and motion practice in this matter. The period of six months will allow 6 sufficient time after receipt of that decision for the parties to complete any remaining discovery 7 and to file and prepare any necessary motions. There is also the possibility that a decision in 8 the state court matter could facilitate a global resolution of all claims and matters. The period 9 of six months would allow the parties to explore that issue while allowing time to complete 10 discovery and motion practice if the parties cannot reach a resolution. 11 1. The Plaintiff may need to work with Defendants to address discovery responses 12 already provided. Based on those discussions, and other issues noted in this 13 stipulation, the Plaintiff will likely serve additional written discovery requests. 14 2. Defendants will need to work with Plaintiff to address discovery responses already 15 provided. Based on those discussions, and other issues noted in this stipulation, the 16 Defendants may serve additional written discovery requests. 17 3. Based on whatever additional written discovery is done, and other issues noted in 18 this stipulation, the parties may need to take new depositions or supplement the 19 deposition testimony obtained in the state court matter. 20 /// 21 /// 22 /// 23 /// 24 /// Page 4 of 6 Case 2:21-cv-00999-JAD-EJY Document 30 Filed 03/30/23 Page 5 of 6 1 IV. PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 2 Based on the good cause to extend the unexpired deadlines in this case, and the 3 excusable neglect regarding any expired deadlines, the parties submit the following proposed 4 schedule: 5 Scheduled Event Current Deadline Proposed New Deadline Discovery Cut-Off January 30, 2023 July 31, 2023 Dispositive Motions March 1, 2023 September 8, 2023 1 Joint Pretrial Order March 31, 2023 October 13, 2023 2 (If dispositive motions are filed the deadline for filing the joint pretrial order will be suspended until 30 days after a decision on the dispositive motions or further court order). 6 7 8 9 Date 10 11 12 13 14 15 This request for extension of time is not sought for any improper purpose or other 16 purposes of delay. The parties have worked diligently at complying with the deadlines that can 17 be met, but good cause exists to extend the current discovery deadlines. WHEREFORE, the parties respectfully request that this court the dates as outlined in 18 19 accordance with the table above. 20 21 22 23 24 This accounts for September 1, 2023 being the Friday before Labor Day Weekend. Defendants’ counsel has a preplanned trip that day and will need a few additional business days the following week to prepare any dispositive motion that may be needed. 2 This accounts for the week of October 2, 2023 through October 6, 2023 which is Washoe County’s scheduled fall break. Defendants’ counsel has a trip planned for this time and will need some additional time after returning to prepare the necessary documents for this deadline. 1 Page 5 of 6 Case 2:21-cv-00999-JAD-EJY Document 30 Filed 03/30/23 Page 6 of 6 1 Dated: March 30, 2023 Dated: March 30, 2023 2 LYLE E. DICKSON OFFICE OF THE ATTORNEY GENERAL By: /s/ Lyle E. Dickson Lyle E. Dickson Self-Represented E-mail: ouiley@aol.com 2541 Banora Point Las Vegas, Nevada 89134 Telephone: (517) 294-3425 Plaintiff, Self-Represented By: /s/ Scott H. Husbands 3 4 5 6 7 8 Scott H. Husbands, Esq. Senior Deputy Attorney General Nevada Bar No. 11398 Email: SHusbands@ag.nv.gov 5420 Kietzke Lane, Suite 202 Reno, NV 89511 Telephone: (775) 687-2100 Facsimile: (775) 688-1822 Attorneys for Defendants 9 10 ORDER 11 IT IS SO ORDERED: 12 13 ___________________________________ UNITED STATES MAGISTRATE JUDGE 14 DATED: March 30, 2023 15 16 17 18 19 20 21 22 23 24 Page 6 of 6
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