Schomer v. Gonzalez - Individually
Trial Court Opinion
8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 * * * DWAYNE L. SCHOMER, as special CASE NO. 3:23-cv-00390-ART-CSD administrator of THE ESTATE OF KEATON M. SCHOMER and individually; and BRAYLEN SCHOMER, individually, ORDER GRANTING STIPULATION TO EXTEND Plaintiffs, DEADLINES TO RESPOND TO MOTIONS FOR SUMMARY vs. JUDGMENT AND JOINDERS [ECF 68, 70, 71, 72, 73, 74, 75, and 76] ELKO COUNTY; ELKO COUNTY SHERIFF’S OFFICE; SHERIFF AITOR [FIRST REQUEST] NARVAIZA, individually; UNDERSHERIFF JUSTIN AIMES, individually; SERGEANT MICHAEL SILVA, individually; DEPUTY TREVOR L. SNEED, individually; DEPUTY DOUGLAS HOLLADAY, individually; DEPUTY ERIKA GONZALEZ; MEDALLUS & VACHAROTHONE LTD; DR. RACHOT VACHAROTHONE, individually; BAILEY POWELL, individually; GEOFFREY FISHER, individually; MERCEDES COCHRELL, individually; LETISCYA CHACON, individually; DOE SUPERVISORS I-X; DOE DEPUTIES I-X; DOE MEDICAL STAFF I-X; and ROE ENTITIES I-X, Defendants.
27 Plaintiffs DWAYNE L. SCHOMER, as administrator of THE ESTATE OF KEATON M.
1 “Plaintiffs”), by and through their undersigned attorneys at Clark Hill PLC, Defendants ELKO COUNTY, SHERIFF AITOR NARVAIZA, UNDERSHERIFF JUSTIN AMES, (collectively, “Elko County Defendants”), by and through their undersigned attorneys at Marquis Aurbach; DEPUTY TREVOR L. SNEED, DEPUTY DOUGLAS HOLLADAY, DEPUTY ERIKA GONZALEZ, DEPUTY DAVID HATCH, and DEPUTY HANNAH KENDALL (collectively, “Elko Deputy Defendants”), by and through their undersigned attorneys at Erickson, Thorpe & Swainston, Ltd.; Defendants MEDALLUS & VACHAROTHONE LTD, DR. RACHOT VACHAROTHONE, BAILEY POWELL, GEOFFREY FISHER, MERCEDES COCHRELL, and LETISCYA CHACON, (collectively, “Medallus Defendants”) by and through their undersigned attorneys at Rencher Anjewierden, and SERGEANT MICHAEL SILVA, (“Silva”) by and though his undersigned attorney, at Goicoechea, Digrazia, Coyle& Stanton, LTD. hereby agree and jointly stipulate to the following: 13 1. Defendants filed on June 18, 2025, their Motions for Summary Judgment [ECF 68, 70, 71, 72], and Joinders [ECF 73, 74. 75, 76], were filed on June 25, 2025.
15 2. Plaintiffs’ Responses are currently due on July 9, 2025.
16 3. LR 7-2 provides twenty-one (21) days to respond to a Motion for Summary regardless if there is one Motion for Summary Judgment or numerous motions. Here, the Defendants have filed four separate Motions for Summary Judgment. While each defendant may have some commonality, they each present their own unique issues that will need to be addressed separately.
20 As such, twenty-one (21) days is not sufficient to review, research and respond to four Motions for Summary Judgment. The Plaintiffs’ counsel cannot meet the current deadline and needs additional time.
23 4. The parties have conferred and agreed to a 61-day extension for the Plaintiffs to file their Responses to the Defendants’ Motions for Summary Judgment and Joinders to the Motions for Summary Judgment.
26 5. Therefore, the Parties request that the deadline for Plaintiffs to file their Responses to the Defendants’ Motions for Summary Judgment and Joinders to the Motions for Summary Judgment 1 6. This is the first request to extend the deadline to file Responses to Defendants’ Motions || for Summary Judgment and Joinders to the Motions for Summary Judgment.
3 7. This Stipulation is entered in good faith and not for purposes of delay.
4 Respectfully submitted this 1 day of July 2025.
5 || CLARK HILL, PLLC RUBSY LAW, PLLC 6 /s/ Paola M. Armeni /s/ Benjamin K. Lusty PAOLA M. ARMENT, ESQ. CHRISTOPHER RUSBY, ESQ.
7 | Nevada Bar No. 8357 Nevada Bar No. 11452 WILLIAM D. SCHULLER, ESQ. 36 Stewart Street Nevada Bar No. 11271 Reno, Nevada 89501 1700 S. Pavilion Center Dr.., #500 Las Vegas, Nevada 89135 RENCHER ANJEWIERDEN Attorneys for Plaintiffs, Schomer Family BENJAMIN K. LUSTY, ESQ.
10 Utah Bar No. 12159 ERICKSON, THORPE & SWAINSTON, 460 South 400 East || LTD. Salt Lake City, UT 84111 Attorneys for Medallus Defendants 12 /s/ Brent L. Ryman BRENT L. RYMAN, ESQ. MARQUIS AURBACH || Nevada Bar No. 8648 PAUL M. BERTONE, ESQ. /s/ Kaden P. Killpack | Nevada Bar No. 4533 CRAIG R. ANDERSON, ESQ.
99 West Arroyo Street Nevada Bar No. 6882 | P.O. Box 3559 KADEN P. KILLPACK, ESQ.
Reno, Nevada 89505 Nevada Bar No. 16560 16 Attorneys for Elko County Deputy Defendants 10001 Park Run Drive Las Vegas, Nevada 89145 | GOICOECHEA, DIGRAZIA, COYLE & Attorneys for Defendants, Elko County, Sher 18 STANTON, LTD. Aitor Narvaiza, and Undersheriff Justin Aimes /s/ David M. Stanton | DAVID M. STANTON, ESQ.
Nevada Bar No. 4389 || 530 Idaho Street Elko, Nevada 89801 || Attorney for Sergeant Michael Silva 22 ORDER 23 . □□ The above Stipulation is hereby Granted.
IT IS SO ORDERED.
25 Dated this 2nd day of July 2025.
27 Apa Nosed 1d 28 ANNE R. TRAUM UNITED STATES DISTRICT JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.