Castillo v. Ingram et al

Filing 46

ORDER Granting 34 Motion to Extend Time to Answer/Respond re 29 Amended Complaint. James Colbert answer due 4/30/2015; Kevin Ingram answer due 4/30/2015; James Nadeau answer due 4/30/2015; David Spencer answer due 4/30/2015; Robert Uithoven answer due 4/30/2015; Mark Zane answer due 4/30/2015. Signed by Chief Judge Gloria M. Navarro on 5/6/15. (Copies have been distributed pursuant to the NEF - MMM)

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ADAM PAUL LAXALT
Nevada Attorney General
RAELENE K. PALMER
Deputy Attorney General
Nevada Bar No. 8602
Office of the Attorney General
555 E. Washington Ave., Ste. 3900
Las Vegas, NV 89101
P: [phone]
F: [phone]
Attorneys for Defendants, Kevin Ingram,
David Spencer, Mark Zane, James Nadeau,
James Colbert, and Robert Uithoven

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TROY CASTILLO,

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Plaintiff,

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v.

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KEVIN INGRAM; et al.,
Defendants.

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)
Case No. 2:14-cv-00332-GMN-PAL
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)
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) MOTION FOR ENLARGEMENT OF TIME
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(SECOND REQUEST)
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AND ORDER
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COME NOW, Defendants, Kevin Ingram, David Spencer, Mark Zane, James Nadeau,

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James Colbert, and Robert Uithoven, by and through their attorneys, Adam Paul Laxalt,

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Attorney General, and Raelene K. Palmer, Deputy Attorney General, of the State of Nevada,

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Office of the Attorney General, and hereby move this Court for an enlargement of time to

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answer or otherwise respond to Plaintiff’s Verified First Amended Complaint for Declaratory

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Relief – Civil Rights [42 U.S.C. § 1083], (Court Docket “CD” #29).

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This Motion is brought pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule

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6-2 with the following Memorandum of Points and Authorities, the declaration attached hereto,

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and all papers and pleadings contained in the Court record in this matter.

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

FACTS AND RELEVANT PROCEDURAL HISTORY

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On February 5, 2015, the Court issued an Order granting Defendants’ Motion to

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Dismiss (CD #21), without prejudice, allowing Plaintiff until February 25, 2015, to file an

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amended complaint. (CD #28). On February 25, 2015, Plaintiff’s Verified First Amended

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Complaint for Declaratory Relief – Civil Rights [42 U.S.C. § 1083], (“FAC”) (CD #29), and

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Plaintiff’s Motion for Preliminary Injunction (FRCP 65; 28 U.S.C. §§ 1651, 2283), (CD #30),

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were filed. On February 26, 2015, Defendants’ former counsel, Deputy Attorney General

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Colleen L. Platt, filed an unopposed Motion for Extension of Time, seeking until March 30,

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2015, to file responses to both Plaintiff’s FAC, (CD #29), and Motion, (CD #30). (CD #31).

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The Court granted Defendants’ motion the following day. (CD #32). On March 12, 2015, the

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undersigned counsel was reassigned to represent Defendants in this matter, and accordingly,

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contacted opposing counsel regarding the need for an additional enlargement to respond to

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the complaint only. This motion now follows.

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II.

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LEGAL ARGUMENT
Federal Rule of Civil Procedure 6(b)(1)(A) provides in pertinent part:
(b) Extending Time.
(1) In General. When an act may or must be done within a
specified time, the court may, for good cause, extend the time: with
or without motion or notice if the court acts, or if a request is made,
before the original time or its extension expires[.]
Local Rule 6-1 provides in pertinent part:
(a) Every motion requesting a continuance, extension of time, or
Order shortening time shall be “Filed” by the clerk and
processed as an expedited matter . . .
(b) Every motion or stipulation to extend time shall inform the Court
of any previous extensions granted and state the reasons For
the extension requested . . . Immediately below the title of such
motion or stipulation there shall be included a statement
indicating whether it is the first, second, third, etc., requested
extension . . .

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Defendants’ are requesting an unopposed extension to and including April 30, 2015, to

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respond to Plaintiff’s FAC, (CD #29). This will enable their counsel to familiarize herself with
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the facts of the case, to research the law, and to engage in settlement discussions on a case

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to which she was just reassigned. See Exhibit “A,” attached hereto. This request for an

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enlargement of time is made in good faith and not for purposes of delay.

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III.

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CONCLUSION
Based upon the foregoing, Defendants respectfully request that they be granted an

unopposed extension of time to April 30, 2015, to respond to Plaintiff’s FAC, (CD #29).
DATED this 16th day of March, 2015.

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Respectfully submitted,

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ADAM PAUL LAXALT
Attorney General

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By:

/s/ Raelene K. Palmer
RAELENE K. PALMER
Deputy Attorney General
Nevada State Bar No. 8602
Attorneys for Defendants Kevin Ingram,
David Spencer, Mark Zane, James Nadeau,
James Colbert, and Robert Uithoven

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IT IS SO ORDERED.

“IT IS SO ORDERED:

____________________________________
________________________________
UNITED STATES DISTRICT
Gloria M. Navarro, Chief Judge COURT JUDGE,
United States District Court
DATED: ______________________”

DATED: 05/06/2015

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CERTIFICATE OF SERVICE

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I hereby certify that I am an employee of the Office of the Attorney General and that on

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the 16th day of March, 2015, I served the foregoing, MOTION FOR ENLARGEMENT OF

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TIME (AMENDED FIRST REQUEST), by causing a true and correct copy thereof to be filed

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with the Clerk of the Court using the electronic filing system and by causing a true and correct

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copy thereof to be delivered to the Department of General Services, for mailing at Las Vegas,

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Nevada, addressed to the following:

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TIMOTHY SANDEFUR, Cal. Bar No. 224436*
ANASTASIA P. BODEN, Cal. Bar No. 281911*
Pacific Legal Foundation
930 G Street
Sacramento, California 95814
*pro hac vice

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LEE IGLODY, Nev. Bar No. 7757
Iglody Hulet PLLC
7450 Arroyo Crossing Parkway, Suite 270
Las Vegas, Nevada 89113

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Attorneys for Plaintiff, Troy Castillo

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By:
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/s/ Debra Turman __________
DEBRA TURMAN
An employee of:
STATE OF NEVADA
OFFICE OF THE ATTORNEY GENERAL

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