Carley v. NDOC/FMWCC et al

Filing 91

ORDER Granting 90 Motion to Extend Time. Discovery due by 10/15/2021. Signed by Judge James C. Mahan on 9/8/2021. (Copies have been distributed pursuant to the NEF - JQC)

Download PDF
Case 2:14-cv-02097-JCM-BNW Document 90 Filed 09/02/21 Page 1 of 3 91 09/08/21 1 2 3 4 5 6 7 8 Rene L. Valladares Federal Public Defender Nevada State Bar No. 11479 *Jeremy C. Baron Assistant Federal Public Defender District of Columbia Bar No. 1021801 411 E. Bonneville Ave. Suite 250 Las Vegas, Nevada 89101 (702) 388-6577 *Attorney for Petitioner Elizabeth Carley 9 10 U NITED S TATES D ISTRICT C OURT D ISTRICT OF N EVADA 11 12 13 Elizabeth Carley, Petitioner, 14 15 16 17 v. Jerry Howell, et al., Respondents. Case No. 2:14-cv-02097-JCM-BNW Unopposed motion for extension of time in which to complete discovery (First request) 18 19 Elizabeth Carley respectfully moves this Court for an extension of time of forty- 20 three (43) days, from September 2, 2021, to and including October 15, 2021, to com- 21 plete discovery. 22 23 24 25 26 27 Case 2:14-cv-02097-JCM-BNW Document 90 Filed 09/02/21 Page 2 of 3 91 09/08/21 1 2 3 ARGUMENT The Court granted Ms. Carley leave to conduct discovery. ECF No. 89. The discovery deadline is September 2, 2021. 4 Counsel respectfully suggests additional time remains necessary to complete 5 discovery. After the Court issued its order, counsel promptly served subpoenas on 6 the three relevant entities (the Nevada gaming board, the Las Vegas police, and the 7 District Attorney’s office). The Nevada gaming board responded with a letter on July 8 15 objecting to the subpoena. Following informal discussions, the gaming board 9 agreed to produce a relevant document on July 30. After that, the District Attorney’s 10 office provided a production on August 13. Counsel promptly reviewed that produc- 11 tion and determined it may be missing pages. Counsel recently reached out to the 12 District Attorney’s office, and the office has agreed to review the issue. Additional 13 informal communications with the District Attorney’s office and the Nevada gaming 14 board will likely be necessary to ensure Ms. Carley receives a complete set of relevant 15 documents. Thus, additional time is necessary for Ms. Carley to continue pursuing 16 informal efforts at resolving the discovery issues. 17 Counsel has had many professional obligations in the past two months and has 18 many additional professional obligations in the next two months. However, because 19 counsel’s other deadlines aren’t particularly relevant to this extension request, coun- 20 sel isn’t providing an overview of his workload here. 21 On September 1, 2021, counsel contacted Senior Deputy Attorney General Al- 22 lison Herr and informed her of this request for an extension of time. As a matter of 23 professional courtesy, Ms. Herr had no objection to the request. Ms. Herr’s lack of 24 objection shouldn’t be considered a waiver of any procedural defenses or statute of 25 limitations challenges, or construed as agreeing with the accuracy of the representa- 26 tions in this motion. 27 2 Case 2:14-cv-02097-JCM-BNW Document 90 Filed 09/02/21 Page 3 of 3 91 09/08/21 1 In sum, Ms. Carley requests a forty-three (43) day extension of the deadline to 2 complete discovery, up to and including October 15, 2021. This is counsel’s first re- 3 quest to extend the discovery deadline. This motion isn’t filed for the purposes of 4 delay, but in the interests of justice, as well as in Ms. Carley’s interest. Counsel 5 respectfully requests the Court grant the motion. 6 7 Dated September 2, 2021. 8 Respectfully submitted, 9 Rene L. Valladares Federal Public Defender 10 11 /s/Jeremy C. Baron Jeremy C. Baron Assistant Federal Public Defender 12 13 14 15 IT IS SO ORDERED: 16 17 ______________________________ United States District Judge 18 19 September 8, 2021 Dated: ________________________ 20 21 22 23 24 25 26 27 3

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?