Young v. Williams et al

Filing 70

ORDER Granting 69 Second Motion to Extend Time Re: 23 Amended Petition for Writ of Habeas Corpus. Respondents' answer due 7/10/2019. Signed by Judge Richard F. Boulware, II on 7/9/2019. (Copies have been distributed pursuant to the NEF - SLD)

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AARON D. FORD
Attorney General
Erica F. Berrett (Bar. No. 13826)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., #3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DANNY ANDREW YOUNG,

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Petitioner,
vs.
BRIAN WILLIAMS, WARDEN, et al.,

Case No. 2:12-cv-00524-RFB-NJK
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME
TO FILE SUPPLEMENTAL ANSWER TO
AMENDED PETITION FOR WRIT OF
HABEAS CORPUS (ECF NO. 23)
(SECOND REQUEST)

Respondents.

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Respondents move this Court for an enlargement of time of seven (7) days from the current due

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date of July 3, 2019, up to and including July 10, 2019, in which to file their supplemental answer to the

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amended petition for writ of habeas corpus (ECF No. 23). This Motion is made pursuant to FED. R. CIV.

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P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon the attached declaration of counsel.

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This is the second enlargement of time sought by Respondents, and the request is brought in good faith

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and not for the purpose of delay.

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DATED: July 2, 2019.

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Submitted by:

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AARON D. FORD
Attorney General

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By: /s/ Erica Berrett
Erica F. Berrett (Bar. No. 13826)
Deputy Attorney General

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Page 1 of 4

DECLARATION OF ERICA BERRETT

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STATE OF NEVADA

)
) ss:
COUNTY OF CLARK )

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I, ERICA BERRETT, being first duly sworn under oath, depose and state as follows:

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1.

I am an attorney licensed to practice law in all courts within the State of Nevada, and am

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employed as a Deputy Attorney General in the Office of the Nevada Attorney General. I am responsible

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to represent Respondents in Danny Andrew Young v. Brian Williams, Warden, et al., Case No. 2:12-cv-

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0524-RFB-NJK, and as such, have personal knowledge of the matters contained herein.

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2.

This Motion is made in good faith and not for the purpose of delay.

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3.

The supplemental answer to the amended petition for writ of habeas corpus (ECF No. 23)

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is currently due July 3, 2019.
4.

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I have been unable with due diligence to timely complete a supplemental response to the

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petition for writ of habeas corpus (ECF No. 23). Though I have been diligently working on the

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supplemental answer, two unforeseen circumstances have prevented me from completing the response.

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First, I had planned to end a previously scheduled vacation early to come in to my office and work on the

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supplemental answer on June 29 and June 30, 2019. However, the Attorney General Office’s computers,

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servers, and email were not functional during those dates due to electrical upgrades. Therefore, I had no

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access to work on the brief, despite ending my vacation early with the intent to work on the brief. Second,

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since the time I previously requested an extension, I was issued a summons for jury duty for July 3, 2019,

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which is the current due date for the supplemental answer. This has further eroded the time I had allotted

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to work on the supplemental answer.
5.

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If it were not for these two unforeseen circumstances, I would not have needed this

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additional extension, as I have prioritized this response above all other responses in my federal case load,

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and I had allotted sufficient time to complete my response. I would not have requested piecemeal

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extensions had I known about the aforementioned events.
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I contacted counsel for the Petitioner regarding this request for enlargement of time, and

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she does not oppose it.

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///

Page 2 of 4

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7.

Based on the foregoing, I respectfully request an enlargement of time of seven (7) days,

up to and including July 10, 2019, to file a supplemental answer to the petition for writ of habeas corpus.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on this 2nd day of July, 2019.

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/s/ Erica Berrett
Erica F. Berrett (Bar No. 13826)
Deputy Attorney General

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IT IS SO ORDERED:

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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DATED this 9th day of July, 2019.

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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing Unopposed Motion for Enlargement of

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Time to File Supplemental Answer to Amended Petition for Writ of Habeas Corpus (ECF No. 23) (Second

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Request) with the Clerk of the Court by using the CM/ECF system on July 2, 2019.

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The following participants in this case are registered CM/ECF users and will be served by the
CM/ECF system:
C.B. Kirschner
Federal Public Defender
411 E. Bonneville, Ste. 250
Ls Vegas, NV 89101
[e-mail]
/s/ M. Landreth
An employee of the Office of the Attorney General

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