Smith v. Baker et al

Filing 89

ORDER granting 88 Motion for Leave to File Document; Re: 72 Motion to Dismiss. Replies due by 5/8/2020. Signed by Judge Kent J. Dawson on 4/13/2020. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MONTRAIL D. SMITH,

Case No. 2:15-cv-00487-KJD-VCF

Petitioner,
ORDER GRANTING MOTION FOR
LEAVE TO FILE SUPPLEMENTAL
EXHIBIT (ECF NO. 88)

v.
BRIAN E. WILLIAMS, SR., et al.,
Respondents.

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In this habeas corpus action, on March 27, 2020, the petitioner, Montrail D.

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Smith, represented by appointed counsel, filed an opposition to the respondents’ motion

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to dismiss (ECF No. 72 (motion); ECF No. 82 (opposition)) and supporting exhibits

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(ECF No 83), along with a motion for leave to conduct discovery (ECF No. 86) and a

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motion for evidentiary hearing (ECF No. 85). Respondents’ reply in support of their

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motion to dismiss, and their responses to the motion for leave to conduct discovery and

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the motion for evidentiary hearing are currently due on April 27, 2020. See Order filed

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April 24, 2019 (ECF No. 68).

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On April 9, 2020, Smith filed a motion for leave to file a supplemental exhibit in

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support of his opposition to the motion to dismiss (ECF No. 88). The supplemental

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exhibit (ECF No. 88-2) is the transcript of a hearing held on February 28, 2020, in

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another case in this Court (Perez v. Neven, 2:14-cv-2087-APG-BNW), which Smith

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represents is germane to issues raised by the motion to dismiss. The Court determines

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that there is good cause for Smith to file the supplemental exhibit. Smith’s motion for

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leave to do so will be granted.

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The Court will also, sua sponte, extend the time for Respondents to file a reply in

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support of their motion to dismiss, and responses to the motion for leave to conduct

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discovery and the motion for evidentiary hearing. The Court does so with the

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expectation that this will forestall any motion for extension of time for the filing of those

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documents.

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IT IS THEREFORE ORDERED that Petitioner’s Motion for Leave to File

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Supplemental Exhibit in Support of Opposition to Second Motion to Dismiss (ECF No.

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88) is GRANTED. The Clerk of the Court is directed to file separately the supplemental

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exhibit, which is located at ECF No. 88-2.

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IT IS FURTHER ORDERED that Respondents will have until and including

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May 8, 2020, to file a reply in support of their motion to dismiss, and responses to the

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motion for leave to conduct discovery and the motion for evidentiary hearing.

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IT IS FURTHER ORDERED that, in all other respects, the schedule for further
proceedings set forth in the order filed April 24, 2019 (ECF No. 68) will remain in effect.

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April
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DATED THIS ___ day of ______________________, 2020.

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KENT J. DAWSON,
UNITED STATES DISTRICT JUDGE

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