Rimer v. State of Nevada ex rel Nevada Department of Corrections et al

Filing 234

ORDER Granting Defendants' 232 Unopposed Motion to Extend Time re Remaining Scheduling Deadlines (First Request). Motions due by 1/30/2017. Proposed Joint Pretrial Order due by 2/28/2017. Signed by Magistrate Judge Carl W. Hoffman on 12/28/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:14-cv-00889-RFB-CWH Document 232 Filed 12/27/16 Page 1 of 5

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ADAM PAUL LAXALT
Attorney General
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
Bureau of Litigation
Public Safety Division
555 E. Washington Ave, Suite 3900
Las Vegas, Nevada 89101
[phone] (Telephone)
[phone] (Facsimile)
Email: [e-mail]
Attorneys for Defendants Dwight Neven,
Harold Wickham, Jennifer Nash, Timothy Filson,
Frank Dreesen, Jerry Howell, Joseph Hanson,
Romeo Aranas, Cynthia Sablica, and Linda Adams

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:14−cv−00889−RFB−CWH

STANLEY RIMER,

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Plaintiff,

DEFENDANTS’ UNOPPOSED
MOTION TO EXTEND REMAINING
SCHEDULING DEADLINES

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vs.

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STATE OF NEVADA, ex rel. NEVADA
DEPARTMENT OF CORRECTIONS, et al.

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(FIRST REQUEST)

Defendants.

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Defendants Dwight Neven, Harold Wickham, Jennifer Nash, Timothy Filson,

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Frank Dreesen, Jerry Howell, Joseph Hanson, Romeo Aranas, Cynthia Sablica, and

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Linda Adams, by and through counsel, Adam Paul Laxalt, Attorney General for the State

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of Nevada, and Jared M. Frost, Senior Deputy Attorney General, hereby move for a thirty

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(30) day extension of the remaining non-discovery scheduling deadlines in this matter.

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This unopposed motion is made and based on the following points and authorities, the

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attached declaration, the pleadings and papers on file, and any additional evidence the

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Court deems appropriate to consider.

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Case 2:14-cv-00889-RFB-CWH Document 232 Filed 12/27/16 Page 2 of 5

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I.

Background

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Plaintiff is an inmate in the lawful custody of the Nevada Department of

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Corrections. Plaintiff initiated this action by filing an inmate civil rights complaint

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pursuant to 42 U.S.C. section 1983. See ECF No. 6 (first-amended complaint filed June

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30, 2014). Plaintiff’s Amended Complaint alleges six (6) causes of action against twenty-

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four (24) named defendants. On July 21, 2014, the Court issued its screening order and

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dismissed Counts IV and V, and further dismissed the institutional Defendants. ECF No.

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9 at 11. In its screening order, the Court interpreted Counts I, II, and III as a single claim

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for deliberate indifference to serious medical needs. Id. at 6-7.

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On February 2, 2015, Defendants filed a motion to dismiss Plaintiff’s Amended

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Complaint in part. ECF No. 9. On March 10, 2015, this Court issued a scheduling order.

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ECF No. 53. The scheduling order provided that all discovery must be completed by June

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7, 2015. Id. at 1-2.

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On August 3, 2015, the Court issued an order dismissing Defendants Chang and

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Manley, and by extension Count VI. ECF No. 195; see also ECF No. 9 at 11 (allowing

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Count VI to proceed only against Defendant “Nurse Nichole [Manley]”).

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On April 21, 2016, the Court issued an order granting Defendants’ partial motion

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to dismiss. ECF No. 208. Pursuant to the Court’s order, Defendants Lee, Sowell, Rainone,

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Leavitt, Cortez-Masto, Sandoval, Miller, Cox, and McDaniel were dismissed with

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prejudice. Id. at 9.

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On May 5, 2016, Defendants Neven, Wickham, Nash, Filson, Dreesen, Howell,
Hanson, Aranas, Sablica, and Adams filed an Answer. ECF No. 209.

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On May 11, 2016, Defendants filed a motion for a tiered scheduling order. ECF No.

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210. On August 16, 2016, the Court granted Defendants’ motion for a tired scheduling

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order. ECF No. 222. Pursuant to the Court’s order, the limited discovery permitted by the

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tiered scheduling order was to close by November 17, 2016, and dispositive motions are

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due December 28, 2016. Id. On November 28, 2016, the Court denied Plaintiff’s motions

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to extend the discovery period and to enlarge the number of requests for admissions

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Case 2:14-cv-00889-RFB-CWH Document 232 Filed 12/27/16 Page 3 of 5

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permitted by the Court’s scheduling order. ECF No. 230. This motion for an extension of

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the remaining scheduling deadlines follows.

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II.

ARGUMENT

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Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), the Court may extend the

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time to perform an act within a specified time for good cause shown. Defendants submit

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that their request to extend the remaining non-discovery scheduling deadlines by 30 days

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is supported by good cause here. The undersigned has been working diligently on a

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dispositive motion, and had hoped to complete the motion by December 23, 2016, prior to

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taking planned leave during the week of December 26. Exhibit 1 (Declaration of Counsel).

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However, the undersigned has been unable to complete the motion due to his

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responsibilities in other cases and because of the significant number of Defendants,

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records, and legal issues presented by this matter. Id. In addition, Plaintiff does not

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oppose the motion, the motion is filed prior to the expiration of the deadline, this is

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Defendants’ first request for an extension, and the motion is made in good faith and not

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for the purposes of delay. Id. Defendants propose the following new dates for the

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remaining scheduling deadlines:

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January 30, 2017 Dispositive motion deadline

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February 28, 2017 Joint pretrial order due (suspended until 30 days after the
Court rules on any dispositive motions)

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Defendants acknowledge that this motion was not filed more than 21 days prior to

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the expiration of the dispositive motion deadline, and therefore provide the following

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information concerning excusable neglect: as noted above, the undersigned has been

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working diligently on a dispositive motion, and had hoped to complete the motion by

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December 23, 2016, prior to taking planned leave during the week of December 26. The

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undersigned is seeking the extension now after determining that his prior estimation of

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the time needed to complete the motion was overly optimistic, and after arranging to

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speak with Plaintiff concerning the request on December 27, 2016.

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Case 2:14-cv-00889-RFB-CWH Document 232 Filed 12/27/16 Page 4 of 5

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III.

CONCLUSION
Defendants’ motion to extend the remaining scheduling deadlines should be

granted.
DATED this 27th day of December, 2016.

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Respectfully submitted,

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ADAM PAUL LAXALT
Attorney General

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By: /s/ Jared M. Frost
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General

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Attorneys for Defendants

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IT IS SO ORDERED.

December day of _____________________, 20__.
DATED this ______28, 2016

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UNITED STATES MAGISTRATE JUDGE

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Case 2:14-cv-00889-RFB-CWH Document 232 Filed 12/27/16 Page 5 of 5

CERTIFICATE OF SERVICE

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I certify that I am an employee of the State of Nevada, Office of the Attorney

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General, and that on December 27, 2016, I electronically filed the DEFENDANTS’

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UNOPPOSED MOTION TO EXTEND REMAINING SCHEDULING DEADLINES

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(FIRST REQUEST) via this Court’s electronic filing system. Parties that are registered

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with this Court’s electronic filing system will be served electronically. For those parties

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not registered, service was made by depositing a copy for mailing in the United States

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Mail, first-class postage prepaid, at Las Vegas, Nevada to the following:

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Stanley Rimer, #1069241
Lovelock Correctional Center
1200 Prison Road
Lovelock, Nevada 89419

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Plaintiff Pro Se

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/s/ Mary Pizzariello
An employee of the Office of the
Nevada Attorney General

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