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)

Case 2:13-cv-00328-JAD-CWH Document 89 Filed 01/05/18 Page 1 of 3

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David K. Neidert, Esq.
Nevada State Bar No. 4342
316 California Ave. #420
Reno, NV 89509
Telephone: [phone]

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Attorney for Petitioner

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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PABLO RAMON GUERRERO,
Petitioner,
vs.

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BRIAN E. WILLIAM, et al.
Respondents.

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2:13-cv-00328-JAD-CWH
ORDER GRANTING
UNOPPOSED MOTION FOR
ENLARGEMENT
FIRST REQUEST
ECF No. 89

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Petitioner, PABLO RAMON GUERRERO by and through counsel, DAVID K.

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NEIDERT, respectfully asks this Court for a 45-day enlargement, up to and including February

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19, 2018, in which to file the Response to the Motion to Dismiss.

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This is the first request for an Enlargement made since the Respondents filed their

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Motion to Dismiss. This request is based on the following declaration by undersigned counsel.
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Respectfully submitted this 5th day of January, 2018.

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/s/ David K. Neidert
Attorney at Law

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Case 2:13-cv-00328-JAD-CWH Document 89 Filed 01/05/18 Page 2 of 3

Declaration by David K. Neidert

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I, David K. Neidert, do declare under the pains and penalties of perjury that this

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Declaration is true:
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I am the attorney for the Petitioner in this case.

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2. I was appointed as counsel for Mr. Guerrero on November 1, 2017. At the time I was
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appointed to represent Mr. Guererro, I was preparing for jury trial in United States v.

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Edward Smith, 3:cv-15-61-HDM-WGC, which was scheduled to commence on

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December 11, 2017. As a result, I was concentrating my time on that endeavor.

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3. The record I received includes the transcripts from an eight-day jury trial, two sentencing

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hearings, and nine evidentiary hearings involving both Mr. Guerrero and his co-

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defendants. Obviously, this totals thousands of pages of documents., all of which require

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review

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4. I have also recently accepted appointment as counsel in three other federal habeas corpus

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cases, some of which have records similar in length to this case.
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5. Today I spoke with Heather Procter, the Senior Deputy Attorney General assigned this

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case. Ms. Procter graciously agreed to my request for an enlargement.

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This is the first request for an Enlargement I have sought with respect to this motion and

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it is not brought for purposes of delay or any other improper purpose.

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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.
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U.S. District Judge Jennifer Dorsey
Dorsey
dge Jen
e Jennifer D s
January 8, 2018