Hoot v. University of Nevada, Las Vegas et al

Filing 9

ORDER Granting 8 Motion to Extend Time to Respond re 5 Amended Complaint. University of Nevada, Las Vegas answer due 4/17/2015. Signed by Magistrate Judge Peggy A. Leen on 4/15/15. (Copies have been distributed pursuant to the NEF - TR)

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ELDA M. SIDHU
General Counsel
Nevada Bar No. 7799
DEBRA L. PIERUSCHKA
Assistant General Counsel
Nevada Bar No. 10185
UNIVERSITY OF NEVADA, LAS VEGAS
4505 S. Maryland Parkway, Box 451085
Las Vegas, Nevada 89154-1085
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants the State of Nevada
ex rel Board of Regents of the Nevada System
of Higher Education on behalf of the
University of Nevada, Las Vegas and
Lori Olafson

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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ROBERT HOOT,

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CASE NO.: 2:15-CV-00175-RFB-PAL

Plaintiff,
vs.

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THE STATE OF NEVADA, EX REL.
BOARD OF REGENTS OF THE NEVADA
SYSTEM OF HIGHER EDUCATION ON
BEHALF OF THE UNIVERSITY OF
NEVADA, LAS VEGAS; LORI OLAFSON,
an individual,

DEFENDANT’S MOTION TO EXTEND
TIME TO FILE A RESPONSIVE
PLEADING
(First Request)

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Defendants.

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Defendant, the State of Nevada ex rel Board of Regents of the Nevada System of Higher

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Education on behalf of the University of Nevada, Las Vegas (“UNLV” or “University”), by and

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through counsel, Debra L. Pieruschka, Esq., Assistant General Counsel, University of Nevada, Las

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Vegas, Office of General Counsel (“University OGC”), hereby moves this Honorable Court

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pursuant to Fed. R. Civ. P. 6 and L.R. 6-1 for an order enlarging and extending the time for

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Defendant UNLV to file a responsive pleading from April 6, 2015 to April 17, 2015. The reasons

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in support of this motion are fully set forth in the following Memorandum of Points and
X:\Groups\General Counsel\LITIGATION FILES\Hoot, Robert\Pleadings\Draft\2015-04-061 Motion to Enlarge Time.docx

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Authorities, the pleadings and papers on file herein, and any oral argument to be made at the

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hearing on this matter.

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MEMORANDUM OF POINTS AND AUTHORITIES

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Defendant UNLV seeks approval of this Court to grant it an extension of time, up to and

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including April 18, 2015 to file a responsive pleading to Plaintiff’s Complaint. On January 30,

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2015, Plaintiff filed his Complaint against the University and Dr. Lori Olafson (“Olafson”)

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alleging Defendants deprived him of his First Amendment right of free speech, right of assembly,

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and right to petition the government for redress of his grievances. [Doc. 1]. Plaintiff’s Complaint

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was subsequently amended on March 12, 2015 to properly name the University.

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[Doc. 5].

University OGC represents both Defendants, UNLV and Dr. Olafson.

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On March 2, 2015, University OGC on behalf of Defendant Olafson, executed a signed

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Waiver of the Service of Summons giving her sixty (60) days from February 17, 2015 to file a

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responsive pleading. Thereby, Defendant Olafson had up to and including April 18, 2015 to file a

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responsive pleading. Pursuant to Nevada Revised Statute 41.031, Plaintiff, to effectuate proper

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service on UNLV, had to serve both the State of Nevada, Office of Attorney General (“AG”) and

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the Chancellor for the Nevada System of Higher Education (“Chancellor”). Plaintiff served his

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original Complaint on the AG and Chancellor on February 23, 2015 and February 19, 2015,

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respectively. After amending his complaint, Plaintiff re-served his Amended Complaint on the

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University on March 11, 2015 by U.S. Mail. Thereby, UNLV had up to and including April 6,

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2015 to file a responsive pleading.

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Rule 6(b)(1) permits a court to extend the time to complete an act, if a request is made

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before the original time expires. FED. R. CIV. P. 6(b)(1)(A). Here, University OGC represents

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both Defendants. The request to extend the time to file a responsive pleading would allow the

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Defendants to file a consolidated response to Plaintiff’s Complaint. There would be no prejudice

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to Plaintiff because this matter is in the early stages of litigation. As such, Defendant UNLV

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respectfully requests this Court grant its Motion to extend time to allow it to file a responsive

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pleading up to and including April 18, 2015 in concert with Defendant Olafson.

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DATED: APRIL 6, 2015.

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/S/ DEBRA L. PIERUSCHKA
DEBRA L. PIERUSCHKA
Assistant General Counsel
Nevada Bar No. 10185
UNIVERSITY OF NEVADA, LAS VEGAS
4505 S. Maryland Parkway, Box 451085
Las Vegas, Nevada 89154-1085
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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IT IS SO ORDERED this 15th day
of April, 2015.

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___________________________
Peggy A. Leen
United States Magistrate Judge

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CERTIFICATE OF SERVICE
I certify that on this date, April 6, 2015, I served the following DEFENDANT’S

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MOTION

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(First Request) via U.S. Mail - First Class Prepaid Postage and electronic service on the date and

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to the address(es) shown below:

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TO

EXTEND

TIME

TO

FILE

A

RESPONSIVE

PLEADING

Robert Hoot
P.O. Box 546
Pahrump, NV 89041
Plaintiff, in pro se

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/S/ Erika M. Noltie
Erika M. Noltie, an employee of the
University of Nevada, Las Vegas

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