United States of America v. Bundy

Filing 65

ORDER granting ECF No. 64 Motion to Extend Time to respond to ECF No. 61 Motion to Set Aside. Plaintiff's response due 12/22/2017. Signed by Judge Larry R. Hicks on 11/28/2017. (Copies have been distributed pursuant to the NEF - LH) Modified to fix typo on 11/28/2017 (LH).

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Case 2:98-cv-00531-LRH-VCF Document 64 Filed 11/22/17 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 JEFFREY H. WOOD Acting Assistant Attorney General TERRY M. PETRIE, Attorney ROMNEY S. PHILPOTT, Senior Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section 999 18th Street, South Terrace, Suite 370 Denver, Colorado 80202 Telephone: (303) 844-1810 Terry.Petrie@usdoj.gov; Romney.Philpott@usdoj.gov STEVEN W. MYHRE Acting United States Attorney TROY K. FLAKE Assistant United States Attorney 501 Las Vegas Blvd. South, Suite 1100 Las Vegas, Nevada 89101 Telephone: (702) 388-6336 troy.flake@usdoj.gov Attorneys for the United States 12 13 14 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 UNITED STATES OF AMERICA, Plaintiff, 18 19 20 v. CLIVEN BUNDY, Defendant. 21 ) ) ) Case No: 2:98-cv-00531-LRH-VCF ) ) UNOPPOSED MOTION FOR ) EXTENSION OF TIME TO FILE ) RESPONSE ) (First Request) ) AND ORDER THEREON ) 22 23 Pursuant to Local Rule IA 6-1, Plaintiff United States of America (“Plaintiff”) 24 respectfully requests an extension of time of 24 days to December 22, 2017 to respond to 25 Defendant Cliven Bundy’s (“Defendant”) motion seeking to reopen this civil action, and to 26 vacate a 2013 order enforcing an injunction against Defendant, filed on November 14, 2017. 27 ECF No. 61. 28 1 Case 2:98-cv-00531-LRH-VCF Document 64 Filed 11/22/17 Page 2 of 4 1 The current deadline to respond is November 28, 2017. Defendant does not oppose this 2 request. This is Plaintiff’s first request for an extension of this deadline. 3 Respectfully submittted this 22nd day of November 2017. 4 JEFFREY H. WOOD Acting Assistant Attorney General 5 6 7 /s/ Romney S. Philpott ROMNEY S. PHILPOTT Senior Attorney TERRY PETRY Trial Attorney 8 9 10 MEMORANDUM OF POINTS AND AUTHORITIES Local Rule IA 6-1 permits parties to file motions for extensions of time to respond to a 11 motion. A party filing a motion to extend must “state the reasons for the extension.” Local Rule 12 IA 6-1. Plaintiff seeks an extension of time of 24 days, from November 28, 2017 to December 13 22, 2017, in which to respond to Defendant’s Motion, for the following reasons: 14 This case has been pending since 1998, when Plaintiff filed a complaint against 15 Defendant for trespass damages and to permanently enjoin him from trespassing on federal land 16 formerly known as the Bunkerville Allotment. ECF No. 1. Since that time, this case has been 17 the subject of a summary judgment order, ECF No. 18, the unsuccessful appeal of that order, 18 ECF Nos. 23 & 43, and various motions regarding injunctive relief against Defendant. ECF 19 Nos. 22, 36, 50. Most pertinent to this motion, on October 9, 2013, this Court granted Plaintiff’s 20 Motion to Enforce Injunction against Mr. Bundy, and issued an order enjoining Defendant from 21 taking certain actions and providing Plaintiff with additional injunctive relief. ECF No. 56. 22 For the next four years, nothing was filed in this case. Then, on November 14, 2017, 23 Defendant filed his Motion to Reopen, Set Aside & Vacate Orders . . . Pursuant to Rule 60(b) 24 (“Motion”). ECF No. 61. In his Motion, Defendant provides his account of the history of this 25 case, and raises various arguments as to why the Court’s October 2013 order should be vacated. 26 Under the Court’s local rules, Plaintiff’s response to the Motion is due on November 28, 2017. 27 28 Plaintiff has assigned a new attorney to prepare a response to Defendant’s Motion. Plaintiff’s attorney who handled the proceedings leading up to the October 2013 order cannot 2 Case 2:98-cv-00531-LRH-VCF Document 64 Filed 11/22/17 Page 3 of 4 1 take a lead role due to preexisting deadlines and demands in other matters. Thus, in order to 2 provide the Court with an adequate and informed response, Plaintiff’s newly-assigned counsel 3 will need to familiarize himself with the prior proceedings in this case (which was originally 4 filed in 1998), as well as to analyze and address the specific arguments in Defendant’s Motion. 5 6 7 8 9 10 The current deadline of November 28, 2017, follows the Thanksgiving holiday, and falls on a day on which undersigned counsel is scheduled to appear in a substantive hearing. Defendant does not oppose Plaintiff’s requested extension, and identifies no need for an expedited decision on his Motion, as this case has been dormant for over four years. Plaintiff’s request is submitted in good faith, and not for purposes of undue delay. Moreover, no prejudice will result. 11 Under these circumstances, Plaintiff respectfully requests that the Court grant this 12 unopposed motion for an extension of time of 24 days to December 22, 2017 in which to 13 respond to Defendant’s Motion 14 15 Respectfully submitted November 22, 2017. JEFFREY H. WOOD Acting Assistant Attorney General 16 17 18 s/ Romney S. Philpott ROMNEY S. PHILPOTT Senior Attorney TERRY PETRY Trial Attorney 19 21 STEVEN W. MYHRE Acting United States Attorney TROY K. FLAKE Assistant UnitedStates Attorney 22 Attorneys for the United States 20 23 IT IS SO ORDERED: 24 25 26 27 28 DATED this 28th day of November, 2017. UNITED STATES DISTRICT JUDGE UNITED STATES MAGISTRATE JUDGE ________________________________ DATED: LARRY R. HICKS UNITED STATES DISTRICT JUDGE 3

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