Edmisten v. Neven et al

Filing 59

ORDER granting 58 Motion to Extend Time; Re: 48 Motion to Dismiss. Replies due by 6/20/2019. Signed by Judge Richard F. Boulware, II on 5/2/2019. (Copies have been distributed pursuant to the NEF - JM)

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AARON D. FORD
Attorney General
Jessica Perlick (Bar. No. 13218)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., #3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]

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Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JUSTIN JAMES EDMISTEN,

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Petitioner,

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vs.

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DWIGHT NEVEN, et al.,

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Case No. 2:15-cv-00952-RFB-NJK
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME
TO FILE REPLY IN SUPPORT OF MOTION
TO DISMISS (ECF NO. 48)
(FIRST REQUEST)

Respondents.

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Respondents move this Court for an enlargement of time of 50 days from the current due date of

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May 2, 2019, up to and including June 20, 2019, in which to file their Reply in Support of the Motion to

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Dismiss (ECF No. 48). This Motion is made pursuant to Fed. R. Civ. P. 6(b) and Rule 6-1 of the Local

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Rules of Practice and is based upon the attached declaration of counsel. This is the first enlargement of

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time sought by Respondents to file this reply, and the request is brought in good faith and not for the

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purpose of delay.

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DATED: May 1, 2019.

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Submitted by:

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AARON D. FORD
Attorney General

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By: /s/ Jessica Perlick
Jessica Perlick (Bar. No. 13218)
Senior Deputy Attorney General

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DECLARATION OF JESSICA PERLICK

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STATE OF NEVADA

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) ss:
COUNTY OF CLARK )

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I, JESSICA PERLICK, being first duly sworn under oath, depose and state as follows:

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1.

I am an attorney licensed to practice law in all courts within the State of Nevada, and am

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employed as a Senior Deputy Attorney General in the Office of the Nevada Attorney General. I am

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assigned to represent Respondents in Justin James Edmisten v. Dwight Neven, et al., Case No. 2:15-cv-

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00952-RFB-NJK, and as such, have personal knowledge of the matters contained herein.

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2.

This Motion is made in good faith and not for the purpose of delay.

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3.

The Reply in Support of the Motion to Dismiss is currently due May 2, 2019.

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4.

I am unable with due diligence to timely complete the reply herein.

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5.

I will be out of the office on pre-planned leave from May 4, 2019 – May 19, 2019. In

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anticipation of being away, I have been working to complete other deadlines, including an April 30, 2019,

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reply deadline in Gonzalas v. Williams, 2:17-cv-01653; April 24, 2019, reply deadline in Kinder v.

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Legrand, 3:16-cv-00449; and a 9th Circuit Answering Brief deadline of May 2, 2019, in Mayo v. State

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of Nevada, 18-16081. I have also been training new deputies, which requires me to review and edit their

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pleading drafts prior to filing. As a result, I am unfortunately unable to complete this reply prior to my

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leave.

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6.

In seeking this extension, I am taking into consideration additional obligations and

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deadlines that are already set for the month of June, including Answers in Edwards v. State, 2:18-cv-

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00346 and Mosby v. Baker, 3:14-cv-00251, both of which are due on June 3, 2019; response in Garcia

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v. Baker, 3:17-cv-00291 due June 6, 2019; Answer in Morrow v. Williams, 3:17-cv-00580 due June 11,

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2019; and responses in a capital habeas case, Wilson v. Baker, 2:98-cv-01174. Further, upon my return

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from leave, I will also begin preparing for a 9th Circuit argument in Escobar v. Williams, 18-16417,

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which is set for June 7, 2019; and an evidentiary hearing that is currently set for June 28, 2019 in Valerio

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v. Scillia, 2:10-cv-01806.

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7.

I have contacted counsel for the Petitioner, and he does not oppose this request for an

extension.

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8.

Based on the foregoing, I respectfully request an enlargement of time of 50 days, up to

and including June 20, 2019, to file the Reply in Support of the Motion to Dismiss.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on this Wednesday, May 1, 2019.

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/s/ Jessica Perlick
Jessica Perlick (Bar No. 13218)
Senior Deputy Attorney General

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IT IS SO ORDERED:

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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DATED this 2nd day of May, 2019.

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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing Unopposed Motion for Enlargement of

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Time to File Reply in Support of Motion to Dismiss (ECF No. 48) (First Request) with the Clerk of the

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Court by using the CM/ECF system on May 1, 2019.

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The following participants in this case are registered CM/ECF users and will be served by the
CM/ECF system:
Martin Novillo
Assistant Federal Public Defender
411 E. Bonneville Avenue, Suite 250
Las Vegas, Nevada 89101
[e-mail]
/s/ K. Plett
An employee of the Office of the Attorney General

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