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