Edmisten v. Neven et al

Filing 68

ORDER granting 67 Motion to Extend Time; Attorney General of the State of Nevada answer due 2/3/2020. Signed by Judge Richard F. Boulware, II on 1/6/2020. (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 ANSWER TO FIRST AMENDED
PETITION FOR WRIT OF HABEAS
CORPUS (ECF NO. 41)

Respondents.

(FIRST REQUEST)

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Respondents move this Court for an enlargement of time of 30 days from the current due date of

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January 2, 2020, up to and including February 3, 2020, in which to file their Answer to the remaining

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claims in the First Amended Petition for Writ of Habeas Corpus (ECF No. 41). This Motion is made

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pursuant to Fed. R. Civ. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon the attached

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declaration of counsel. This is the first enlargement of time sought by Respondents to file this answer,

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and the request is brought in good faith and not for the purpose of delay.

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DATED: January 2, 2020.

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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 Answer to the First Amended Petition is currently due January 2, 2020.

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4.

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

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5.

I was sick and out of the office for multiple days in December, which impacted a number

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of previously scheduled deadlines, including Ninth Circuit Court of Appeals briefing in Bolin v. Baker,

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15-99004; Rogers v. Dzurenda, 19-17158; and Hogan v. Gittere, 18-99004; all of which are now due

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between now and the end of February. During the time I was in the office, I was also providing coverage

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for court appearances while others were on holiday leave, including hearings in Valentine v. State,

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C304810; Valentine v. State, A767205; Ferm v. Nevada Dep’t of Parole and Probation, A789688; and

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State v. Sember, C334919. The combination of these factors greatly impacted my time and ability to

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complete the Answer, resulting in this request.

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6.

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

extension.
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Based on the foregoing, I respectfully request an enlargement of time of 30 days, up to

and including February 3, 2020, to file the Answer to the First Amended Petition.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this Thursday, January 2, 2020.
IT IS SO ORDERED:

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
DATED this 6th day of January, 2020.

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

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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 Answer to First Amended Petition for Writ of Habeas Corpus (ECF No. 41) (First Request)

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with the Clerk of the Court by using the CM/ECF system on January 2, 2020.

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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
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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