Guerrero v. Williams et al

Filing 90

ORDER Granting 89 Motion to Extend Time re Re: 87 Motion to Dismiss. Responses due by 2/19/2018. Signed by Judge Jennifer A. Dorsey on 1/8/2018. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:13-cv-00328-JAD-CWH Document 89 Filed 01/05/18 Page 1 of 3 1 2 3 David K. Neidert, Esq. Nevada State Bar No. 4342 316 California Ave. #420 Reno, NV 89509 Telephone: (775) 423-4455 4 5 Attorney for Petitioner 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA *** 8 9 10 11 PABLO RAMON GUERRERO, Petitioner, vs. 12 13 14 BRIAN E. WILLIAM, et al. Respondents. ) ) ) ) ) ) ) ) ) 2:13-cv-00328-JAD-CWH ORDER GRANTING UNOPPOSED MOTION FOR ENLARGEMENT FIRST REQUEST ECF No. 89 15 16 Petitioner, PABLO RAMON GUERRERO by and through counsel, DAVID K. 17 NEIDERT, respectfully asks this Court for a 45-day enlargement, up to and including February 18 19, 2018, in which to file the Response to the Motion to Dismiss. 19 This is the first request for an Enlargement made since the Respondents filed their 20 Motion to Dismiss. This request is based on the following declaration by undersigned counsel. 21 22 Respectfully submitted this 5th day of January, 2018. 23 24 25 /s/ David K. Neidert Attorney at Law 26 27 28 1 Case 2:13-cv-00328-JAD-CWH Document 89 Filed 01/05/18 Page 2 of 3 Declaration by David K. Neidert 1 2 I, David K. Neidert, do declare under the pains and penalties of perjury that this 3 4 5 Declaration is true: 1. I am the attorney for the Petitioner in this case. 6 2. I was appointed as counsel for Mr. Guerrero on November 1, 2017. At the time I was 7 8 appointed to represent Mr. Guererro, I was preparing for jury trial in United States v. 9 Edward Smith, 3:cv-15-61-HDM-WGC, which was scheduled to commence on 10 December 11, 2017. As a result, I was concentrating my time on that endeavor. 11 3. The record I received includes the transcripts from an eight-day jury trial, two sentencing 12 13 hearings, and nine evidentiary hearings involving both Mr. Guerrero and his co- 14 defendants. Obviously, this totals thousands of pages of documents., all of which require 15 review 16 4. I have also recently accepted appointment as counsel in three other federal habeas corpus 17 cases, some of which have records similar in length to this case. 18 19 5. Today I spoke with Heather Procter, the Senior Deputy Attorney General assigned this 20 case. Ms. Procter graciously agreed to my request for an enlargement. 21 This is the first request for an Enlargement I have sought with respect to this motion and 22 it is not brought for purposes of delay or any other improper purpose. 23 24 25 26 27 28 Respectfully submitted this 5th day of January, 2017. /s/ David K. Neidert DAVID K. NEIDERT Counsel for Petitioner ORDER Good cause appearing, the unopposed motion to extension [ECF No. 89] is GRANTED. Plaintiff has until 2/19/18 to respond to the motion to dismiss. 2 __________________________________ _________________ _ __ _ _ _ U.S. District Judge Jennifer Dorsey Dorsey dge Jen e Jennifer D s January 8, 2018

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