Helfrich v. Neven et al

Filing 92

ORDER granting 88 Motion to Amend/Correct Scheduling Order to the deadline for submission of motions for summary judgment for 60 days. Signed by Magistrate Judge Nancy J. Koppe on 4/20/2015. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:14-cv-01725-RFB-NJK Document 88 Filed 04/17/15 Page 1 of 5
1
2
3
4
5
6
7

ADAM PAUL LAXALT
Nevada Attorney General
DENISE S. McKAY
Senior Deputy Attorney General
Nevada Bar No. 10507
E-mail: [e-mail]
Public Safety Division
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101
P: [phone]
F: [phone]
Attorneys for Defendants James G. Cox,
Dwight Neven, Jerry Howell, Paul Bitar, and
Joseph Hanson

8
9
10
11
12

UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

14
15
16
17
18

PETER J. HELFRICH,

)
)
Plaintiff,
)
)
vs.
)
)
DWIGHT NEVEN, et al.,
)
)
Defendants.
)
___________________________________ )

Case No.: 2:14-cv-01725-RFB-(NJK)

ORDER GRANTING
DEFENDANTS’ MOTION TO AMEND
SCHEDULING ORDER
(FIRST REQUEST)

19
20

Defendants, James G. Cox, Dwight Neven, Jerry Howell, Dr. Paul Bitar (“Dr. Bitar”), and

21

Dr. Joseph Hanson (“Dr. Hanson”), by and through their counsel of record, Adam Paul Laxalt,

22

Nevada Attorney General, and Denise S. McKay, Senior Deputy Attorney General, hereby

23

///

24

///

25

///

26

///

27

///

28

///

1

Case 2:14-cv-01725-RFB-NJK Document 88 Filed 04/17/15 Page 2 of 5
1

move for an amendment of the Scheduling Order on file with regard only to the deadline for

2

submission of motions for summary judgment. This Motion is made and based on the enclosed

3

Memorandum of Points and Authorities, declaration of Denise S. McKay, and the papers and

4

pleadings on file.
DATED this 17th day of April, 2015.

5
6

Respectfully submitted,

7

ADAM PAUL LAXALT
Nevada Attorney General

8
9

By:

10
11

/s/ Denise S. McKay
DENISE S. McKAY
Senior Deputy Attorney General
Nevada State Bar No. 10507

12
MEMORANDUM OF POINTS AND AUTHORITIES

13
14

I.

SUMMARY OF REQUEST

15

Pursuant to the Scheduling Order issued by this Court on April 6, 2015, the parties’

16

motions for summary judgment are due by August 5, 2015. (Dkt. # 83). Defendants seek a

17

60-day extension of that deadline only, to October 5, 2015.

18

II.

RELEVANT PROCEDURAL HISTORY

19

Plaintiff commenced this civil rights action alleging a deprivation of his Eighth Amendment

20

rights pursuant to 42 U.S.C. § 1983. The Court screened Plaintiff’s amended complaint on

21

October 29, 2014, holding that Plaintiff stated colorable claims under the Eighth Amendment in

22

Counts I, II, V, VII, VIII, IX, and X against Defendants Cox Neven, Howell, Bitar, and Hanson, as

23

well as John Doe Sgt. and Jane and John Doe Pill Call Nurses. (Dkt. # 8). The Court further

24

addressed Plaintiff’s motion for preliminary injunction (Dkt. # 4) and ordered Defendants to

25

respond to it by November 12, 2014. (Dkt. # 8). Defendants did (Dkt. # 13), and the motion for

26

preliminary injunction is now fully briefed and pending. The Court also stayed the action for

27

90 days and referred it for participation in the Early Mediation Conference (EMC) program.

28

///

2

Case 2:14-cv-01725-RFB-NJK Document 88 Filed 04/17/15 Page 3 of 5
1

Following the parties’ failure to reach a settlement at the EMC on January 30, 2015,

2

Defendants filed an Answer to Plaintiff’s First Amended Complaint on April 3, 2015. (Dkt. # 82).

3

The Court issued its Scheduling Order on April 6, 2015. (Dkt. # 83). The Scheduling Order set

4

August 5, 2015, as the deadline for the parties to submit motions for summary judgment.

5

Defendants now seek a 60-day extension of that deadline only.

6

III.

7
8
9

DEFENDANTS REQUEST A 60-DAY EXTENSION TO THE DEADLINE FOR
SUBMISSION OF MOTIONS FOR SUMMARY JUDGMENT.
Federal Rule of Civil Procedure 6(b) authorizes the court to extend the time for the doing

of an act upon a showing of good cause if the request is made before the original time expires.

10

Defendants’ counsel will be taking 12 weeks of personal leave beginning on or around

11

June 1, 2015. (Declaration of Denise S. McKay attached hereto as Exhibit A). It is because

12

counsel will be on leave during the time set for submission of motions for summary judgment

13

that Defendants make this request. By extending the summary judgment deadline by 60 days,

14

Defendants’ counsel will have adequate time to return from leave and submit a thorough and

15

complete motion for summary judgment by October 5, 2015. While another Deputy Attorney

16

General from the Nevada Office of the Attorney General will be assigned to this matter during

17

undersigned counsel’s leave period to provide coverage concerning any discovery disputes,

18

undersigned counsel requests the extension so that she may be responsible for submitting the

19

Defendants’ motion for summary judgment as she has been the attorney assigned to this matter

20

from its inception and is most familiar with the claims at issue. The extension of this deadline will

21

not prejudice Plaintiff, as it will not shorten or otherwise impact his ability to conduct discovery,

22

nor will it affect his ability to obtain emergency injunctive relief, since such relief is the subject of

23

a separate, fully-briefed and pending motion for preliminary injunction.

24

///

25

///

26

///

27

///

28

///

3

Case 2:14-cv-01725-RFB-NJK Document 88 Filed 04/17/15 Page 4 of 5
1

Defendants submit that they have shown good cause justifying a 60-day extension to the

2

deadline for the parties’ submission of motions for summary judgment and they request that the

3

Court grant the same.

4

DATED this 17th day of April, 2015.

5

Respectfully submitted,

6

ADAM PAUL LAXALT
Nevada Attorney General

7
8
9
10
11

By:

/s/ Denise S. McKay
DENISE S. McKAY
Senior Deputy Attorney General
Nevada State Bar No. 10507
Attorneys for Defendants

12
13
14

IT IS SO ORDERED.
DATED: April 20, 2015

15
16
17

_________________________________
NANCY J. KOPPE
United States Magistrate Judge

18
19
20
21
22
23
24
25
26
27
28

4

Case 2:14-cv-01725-RFB-NJK Document 88 Filed 04/17/15 Page 5 of 5
1

CERTIFICATE OF SERVICE

2

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

3

General, and that on the 17th day of April, 2015, I served the foregoing, DEFENDANTS’ MOTION

4

TO AMEND SCHEDULING ORDER (FIRST REQUEST), by causing a true and correct copy

5

thereof to be filed with the Clerk of the Court, using the electronic filing system, and by causing a

6

true and correct copy thereof to be delivered to the Department of General Services, for mailing at

7

Las Vegas, Nevada, addressed to the following:

8
9
10

Peter Helfrich, #1111875
High Desert State Prison
P.O. Box 650
Indian Springs, Nevada 89070
Plaintiff, Pro Se

11
12
13
14

/s/ Carol Knight
CAROL KNIGHT
An employee of:
STATE OF NEVADA
OFFICE OF THE ATTORNEY GENERAL

15
16
17
18
19
20
21
22
23
24
25
26
27
28

5

Case 2:14-cv-01725-RFB-NJK Document 88-1 Filed 04/17/15 Page 1 of 2

Case 2:14-cv-01725-RFB-NJK Document 88-1 Filed 04/17/15 Page 2 of 2