Saintal v. Foster et al

Filing 58

ORDER Granting 57 Unopposed Motion to Extend Time re 54 Answer to 29 Amended Petition for Writ of Habeas Corpus (Second Request). Replies due by 6/20/2018. Signed by Judge Andrew P. Gordon on 5/21/2018. (Copies have been distributed pursuant to the NEF - MR)

Case 2:13-cv-01295-APG-VCF Document 57 Filed 05/21/18 Page 1 of 4

7

RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
KIMBERLY SANDBERG
Assistant Federal Public Defender
New York State Bar No. 5152863
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)
[e-mail]

8

Attorney for Petitioner Priscella R. Saintal

1
2
3
4
5
6

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12

PRISCELLA R. SAINTAL,
Petitioner,

13
14
15

v.
SHERYL FOSTER, ET AL.,
Respondents.

16

Case No. 2:13-cv-01295-APG-VCF
UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE
REPLY TO ANSWER
(SECOND REQUEST)

17
18

Petitioner Priscella Saintal, by counsel, moves this Court for the entry of Order

19

extending the time within which she must file her Reply to Respondents’ Answer by

20

30 days from May 21, 2018 to and including June 20, 2018. Saintal’s request is based

21

on the record in this case and the attached Points and Authorities. The state, by

22

Senior Deputy Attorney General Victor-Hugo Schulze II, does not object to this

23

request.

24
25
26

Case 2:13-cv-01295-APG-VCF Document 57 Filed 05/21/18 Page 2 of 4

1
2
3
4

POINTS AND AUTHORITIES
1.

Undersigned counsel filed her appearance on August 22, 2017, to

represent Ms. Saintal (ECF No. 43).
2.

This is Saintal’s second request for an extension of time. This motion is

5

not filed for the purposes of delay but in the interests of justice, as well as in the

6

interests of Saintal.

7

3.

Counsel’s schedule and circumstances beyond her control have

8

precluded her from meeting the current deadline of May 21, 2018. There are several

9

issues counsel should discuss with Saintal before filing the Reply; counsel is in the

10

process of setting up a meeting with Saintal. In addition, counsel is filing a petition

11

next week, has a hearing the following week, and will file at least two other pleadings

12

next week. Counsel is also preparing for oral argument in June.

13

4.

Senior Deputy Attorney General Victor-Hugo Schulze II has no objection

14

regarding her requested extension. This lack of objection does not constitute a waiver

15

of any procedural defenses.

16

5.

The requested extension is necessary for counsel to complete her review

17

of the case and to draft and file the Reply to Answer. For these reasons, as well as the

18

record in this case, Saintal respectfully asks this Court to grant her request to extend

19

the time for filing an opposition by 30 days until June 20, 2018.

20
21

ORDER

22
23

IT IS SO ORDERED.

24

Dated: May 21, 2018.
_________________________________
UNITED STATES DISTRICT JUDGE

25
26

2

Case 2:13-cv-01295-APG-VCF Document 57 Filed 05/21/18 Page 3 of 4

1

Dated this 21st day of May, 2018.

2

Respectfully submitted,

3
4

RENE L. VALLADARES
Federal Public Defender

5

/s/Kimberly Sandberg

6

KIMBERLY SANDBERG
Assistant Federal Public Defender

7
8

IT IS SO ORDERED:

9
10
11

______________________________
United States District Judge

12
13

Dated: ________________________

14
15
16
17
18
19
20
21
22
23
24
25
26

3