McSwain v. United States of America

Filing 34

ORDER Granting Defendant's 32 Motion to Extend Time (First Request) to File Proposed Protective Order per 31 Order. Proposed Protective Order due by 9/16/2016. Signed by Magistrate Judge George Foley, Jr on 9/6/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-01321-GMN-GWF Document 32 Filed 09/02/16 Page 1 of 3

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
PATRICK A. ROSE
Assistant United States Attorney
Nevada Bar No. 5109
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendant United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PAMELA McSWAIN,
Plaintiff,

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v.

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UNITED STATES OF AMERICA
Defendant.

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)
) Case No: 2:15-cv-01321-GMN-GWF
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MOTION TO EXTEND DUE DATE
) TO FILE PROPOSED PROTECTIVE
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ORDER
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(First Request)
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Pursuant to Fed. R. Civ. P. 6(b) and Local Rule IA 6-1, Federal Defendant requests a

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one-week extension of time for the parties to file a proposed protective order, as contemplated

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by the Court’s recent Order, ECF No. 31. More specifically, and for the reasons set forth below,

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Federal Defendant requests that the due date of September 9, 2016 (ten days after entry of Order

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#31) be extended to September 16, 2016. 1 This is the first request to extend such due date to file

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a proposed protective order.
This motion is based on the Memorandum of Points and Authorities below, along with

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all papers and pleadings on file.
Respectfully submitted this 2nd day of September 2016.

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DANIEL G. BOGDEN
United States Attorney

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/s/ Patrick A. Rose
PATRICK A. ROSE
Assistant United States Attorney

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The Order also sets a status hearing for September 13, 2016. Federal Defendant defers to the
Court on whether to keep or reschedule such hearing in light of this to request to file the
proposed protective order on or by September 16, 2016.
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Case 2:15-cv-01321-GMN-GWF Document 32 Filed 09/02/16 Page 2 of 3

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MEMORANDUM OF POINTS AND AUTHORITIES

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On August 30, 2016, the Court entered an Order (ECF No. 31) in which it, among other

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things, directed the parties to meet, confer, and file a proposed protective order within ten days,

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which would be September 9, 2016.

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September 5, 2016 is a judicial holiday, and defense counsel will be out of state for

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training and continuing legal education credits September 5-9, 2016, as well as out of the office

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on September 12, 2016.

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Since the entry of the Order, defense counsel has had to devote time and attention to,

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among other things, preparing by September 2, 2016 a responsive brief in Rosiere v. United

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States, 2:15-cv-02187-APG-GWF, as the brief is due the following week when counsel will be

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out of town. Additionally, agency counsel for TSA, with whom defense counsel must confer

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about the contemplated protective order and other requirements of the Court’s Order, is out of

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the office September 2, 2016.

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Under these circumstances, defense counsel will not be able to prepare and coordinate

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with Plaintiff’s counsel a protective order to be filed by the current due date of September 9,

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2016. For these reasons, Federal Defendant requests a one-week extension of time, from

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September 9, 2016 to September 16, 2016, for the parties to file a proposed protective order.

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This motion is submitted for the reasons explained above, in good faith, and not for
purposes of undue delay.
Dated this 2nd day of September 2016.
DANIEL G. BOGDEN
United States Attorney

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/s/ Patrick A. Rose
PATRICK A. ROSE
Assistant United States Attorney

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
DATED: September 6, 2016
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Case 2:15-cv-01321-GMN-GWF Document 32 Filed 09/02/16 Page 3 of 3

PROOF OF SERVICE

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I, Patrick A. Rose, certify that the following individual was served with the MOTION

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TO EXTEND DUE DATE TO FILE PROPOSED PROTECTIVE ORDER on the date and

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via the method of service identified below:

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Electronic Case Filing:

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Paul S. Padda, Esq.
Paul Padda Law, PLLC
4240 West Flamingo Road, Suite 220
Las Vegas, Nevada 89103
Attorneys for Plaintiff

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Dated this 2nd day of September 2016.

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/s/ Patrick A. Rose
PATRICK A. ROSE
Assistant United States Attorney

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