Cary W. Williams v. E. K. McDaniel, et al (DEATH PENALTY)

Filing 250

ORDER Granting 249 Motion to Extend Time to File Answer on Remand re 246 Order (Third Request). Responses due by 6/4/2019. Signed by Judge Andrew P. Gordon on 5/30/2019. (Copies have been distributed pursuant to the NEF - ADR)

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AARON D. FORD
Attorney General
AMANDA C. SAGE (Bar No. 13429)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CARY W. WILLIAMS,

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Case No. 2:98-cv-00056 APG-VCF

Petitioner(s),
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME
(THIRD REQUEST)

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vs.

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TIMOTHY FILSON, et al.,

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Respondent(s).

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Respondents, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada,

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hereby respectfully move this Court for an order granting a five (5) day enlargement of time, to and

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including June 4, 2019, in which to file and serve their answer to Williams’ petition on remand.

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This motion is based upon the provisions of Rule 6(b) of the Federal Rules of Civil Procedure

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and the attached Declaration of Counsel, as well as all other papers, documents, records, pleadings and

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other materials on file herein.

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There have been two prior enlargements of Respondents’ time to file said response, and this
motion is made in good faith and not for the purposes of delay.
RESPECTFULLY SUBMITTED this 30th day of May, 2019.

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AARON D. FORD
Attorney General

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By:

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/s/ Amanda C. Sage
AMANDA C. SAGE (Bar No. 13429)
Senior Deputy Attorney General

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ORDER

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IT IS SO ORDERED.

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Dated this ____ day of ___________________________, 2019

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DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE
Dated: May 30, 2019.

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AARON D. FORD
Attorney General
AMANDA C. SAGE (Bar No. 13429)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CARY W. WILLIAMS,

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Case No. 2:98-cv-00056 APG-VCF

Petitioner(s),
DECLARATION OF COUNSEL

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vs.

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TIMOTHY FILSON, et al.,

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Respondent(s).

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STATE OF NEVADA

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CARSON CITY

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)
: ss.
)

I, AMANDA C. SAGE, hereby state, based on personal knowledge and/or information and
belief, that the assertions of this declaration are true:
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I am a Senior Deputy Attorney General employed by the Attorney General’s Office of the

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State of Nevada in the Bureau of Criminal Justice, Post-Conviction Unit, and I make this declaration on

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behalf of Respondents’ motion for enlargement of time in the above-captioned matter.

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2.

By this motion, I am requesting a final five (5) day enlargement of time, to and including

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June 4, 2019, to answer Williams’ petition on remand. This is Respondents’ third request for an

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enlargement.

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3.

The response is currently due May 30, 2019.

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4.

I have dedicated substantial time towards this response, including familiarizing myself with

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a lengthy record that dates back to. 1982. While the response is nearly complete, an additional 5 days

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would give me the weekend to complete some final research and finalize my arguments. I anticipated
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filing on time, however several unexpected filings in other cases in the past two weeks required

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quick responses that diverted my attention. These cases included oppositions to two motions for

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reconsideration in Sonner v. Filson, Case No. 2:00-cv-1101 (death penalty), and Doyle v. Filson,

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Case No. 3:00-cv-101 (death penalty) and a reply to a lengthy opposition to a motion to dismiss in

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Hermansen v. Baker, 3:17-cv-135, a case I unexpectedly took over just days before the deadline. As a

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result, an additional 5 days would allow me to finish my response in this matter.

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5.

On May 30, 2019, I contacted Randolph Fiedler, Assistant Federal Public Defender

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representing Mr. Williams in this matter, about my enlargement request. Mr. Fiedler indicated he had no

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objection to my request for enlargement.

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6.

This motion for enlargement of time is made in good faith and not for the purpose of

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unduly delaying the ultimate disposition of this case.

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Pursuant to 28 U.S.C. § 1746, Declarant herein certifies, under penalty of perjury, that the foregoing is

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true and correct.

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DATED: May 30, 2019.
By:

/s/ Amanda C. Sage
AMANDA C. SAGE (Bar No. 13429)

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CERTIFICATE OF SERVICE

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I certify that I am an employee of the Office of the Attorney General and that on this 30th day of

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May, 2019, I served a copy of the foregoing UNOPPOSED MOTION FOR ENLARGEMENT OF

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TIME (THIRD REQUEST), by U.S. District Court CM/ECF electronic filing to:

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Randolph Fiedler
Assistant Federal Public Defender
411 East Bonneville Avenue, Suite 250
Las Vegas, NV 89101
/s/ Laurie Sparman

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