Olivas v. State of Nevada, ex rel

Filing 32

ORDER Granting 30 Motion to Extend Time to Answer/Respond re 29 Third Amended Complaint. N. Galbiso answer due 8/16/2017; State of Nevada, ex rel answer due 8/16/2017. Signed by Magistrate Judge Cam Ferenbach on 8/14/17. (Copies have been distributed pursuant to the NEF - MMM)

Download PDF
1 2 3 4 5 6 ADAM PAUL LAXALT Attorney General BENJAMIN R. JOHNSON, Bar No. 10632 Deputy Attorney General State of Nevada Bureau of Litigation Public Safety Division 100 N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1254 E-mail: bjohnson@ag.nv.gov 7 8 9 Attorneys for Defendants Nevada Department of Corrections and Nicholas Galbiso 10 IN THE UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 DARIO OLIVAS, Case No. 2:14-cv-01801-JCM-VCF Plaintiff, 13 14 15 DEFENDANTS’ MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSE TO PLAINTIFF’S THIRD AMENDED COMPLAINT [FIRST REQUEST] v. STATE OF NEVADA ex rel. DEPT. OF CORRECTIONS; NICHOLAS GALBISO, individually; et al., 16 Defendants. 17 18 19 Defendants, the Nevada Department of Corrections (NDOC) and Nicholas Galbiso, by and 20 through counsel, Adam Paul Laxalt, Attorney General of the State of Nevada, and Benjamin Johnson, 21 Deputy Attorney General, hereby move this Court for a seven day extension to file their answer or other 22 first responsive pleading to Plaintiff’s Third Amended Complaint (ECF No. 29). The instant Motion is 23 made pursuant to Fed. R. Civ. P. 6, the following memorandum of points and authorities and all other 24 papers and pleadings on file herein. MEMORANDUM OF POINTS AND AUTHORITIES 25 26 I. INTRODUCTION 27 Plaintiff Dario Olivas filed a Motion to Amend Complaint on July 14, 2017. (ECF No. 26). 28 Defendants filed a non-opposition on July 21, 2017. (ECF No. 27). The Court granted Plaintiff’s 1 1 Motion (ECF No. 28), and the Third Amended Complaint was filed on July 26, 2017. (ECF No. 29). 2 Defendants’ responsive pleading is due on August 9, 2017. 3 II. ARGUMENT 4 A. Good Cause Exists to Grant an Enlargement of Time. 5 FRCP 6(b) addresses extending time, stating: 6 (1) In General. 7 When an act may or must be done within a specified time, the court may, for good cause, extend the time: 8 (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or 9 10 (B) on motion made after the time has expired if the party failed to act because of excusable neglect. 11 12 Good cause exists to enlarge the time by which a party may file a brief where additional time is 13 needed to prepare such a brief. See O’Connor v. U.S. I.R.S., 698 F.Supp. 204, 205 (D. Nev. 1988) 14 (district court granted the plaintiffs’ motion for an extension of time to oppose a motion for summary 15 judgment). 16 Defendants seek a seven day enlargement of time, up to and including August 16, 2017, to file a 17 responsive pleading to the Third Amended Complaint. Counsel for Defendants has been preoccupied 18 with trial preparation in another case pending in the U.S. District Court of Nevada, Pinder v. Baker, 19 3:13-cv-00572-MMD-WGC, whose trial was set to begin on August 8, 2017. The parties had reached a 20 tentative settlement, but there have been some problems finalizing the paperwork. 21 unforeseen event, counsel has had to focus all attention on this other case. Due to this 22 Accordingly, Defendants request an enlargement of time to file a response. This motion is made 23 in good faith and not for the purposes of delay or to prejudice the Plaintiff. A short extension of time 24 will allow Defendants to finalize a responsive pleading. 25 /// 26 /// 27 /// 28 /// 2 1 2 3 4 III. CONCLUSION Based on the foregoing, Defendants respectfully request that the Motion for Enlargement of Time to File Response to Third Amended Complaint be GRANTED. DATED this 9th day of August, 2017. ADAM PAUL LAXALT Attorney General 5 6 7 By: BENJAMIN R. JOHNSON Deputy Attorney General State of Nevada Bureau of Litigation Public Safety Division 8 9 10 Attorneys for Defendants 11 12 IT IS SO ORDERED. 13 DATED this 14th day of August, 2017. 14 15 16 U.S. MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3 CERTIFICATE OF SERVICE 1 2 I certify that I am an employee of the Office of the Attorney General, State of Nevada, and that 3 on August 9, 2017, I electronically filed the foregoing, DEFENDANTS’ MOTION FOR 4 ENLARGEMENT OF TIME TO FILE RESPONSE TO PLAINTIFF’S THIRD AMENDED 5 COMPLAINT [FIRST REQUEST], with the Clerk of the Court for the United States District Court, 6 District of Nevada, by using the CM/ECF system. Participants in this case who are registered CM/ECF 7 users will be served by the CM/ECF system: 8 Cal J. Potter, III, Esq. C.J. Potter, IV, Esq. Potter Law Offices 1125 Shadow Lane Las Vegas, NV 89102 Attorneys for the Plaintiff 9 10 11 12 13 14 ___________________________ An employee of the Office of the Attorney General 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?