Davis v. Neven et al

Filing 66

ORDER Granting Respondents' 65 First Unopposed Motion to Extend Time Re: 62 Motion for Evidentiary Hearing. Responses due by 12/3/2018. Signed by Judge Richard F. Boulware, II on 10/23/2018. (Copies have been distributed pursuant to the NEF - SLD)

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ADAM PAUL LAXALT
Attorney General
Heidi Parry Stern (Bar. No. 8873)
Chief Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., #3900
Las Vegas, NV 89101-1068
[phone]
[e-mail]
Attorneys for Respondents
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES ANTHONY DAVIS,

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Petitioner,

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vs.

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DWIGHT W. NEVEN, et al.,

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Case No. 2:15-cv-01574-RFB-NJK
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE OPPOSITION TO
PETITIONER’S MOTION FOR
EVIDENTIARY HEARING (ECF NO. 62)
(FIRST REQUEST)

Respondents.

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Respondents hereby request an extension of time of an additional forty-five (45) days, up to and

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including December 3, 2018, within which to file their Opposition to Petitioner’s Motion for Evidentiary

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Hearing (ECF No. 62). The current due date to file the Opposition is October 19, 2018.

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This motion is based on the accompanying Declaration of Counsel.

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DATED: October 19, 2018.

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ADAM PAUL LAXALT
Attorney General
By: /s/ Heidi Parry Stern
Heidi Parry Stern (Bar. No. 8873)
Chief Deputy Attorney General

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Page 1 of 3

DECLARATION OF HEIDI PARRY STERN

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STATE OF NEVADA )
) ss:
COUNTY OF CLARK )

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I, HEIDI PARRY STERN, 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 the State of Nevada; qualified and admitted to

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practice before this Court; employed as a Chief Deputy Attorney General in the Office of the Nevada

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Attorney General; and pursuant to this employment, I have been assigned to represent Respondents in

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James Anthony Davis v. Dwight W. Neven, et al., 2:15-cv-01574-RFB-NJK, and as such, have personal

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knowledge of the matters contained herein.
2.

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This extension is necessary due to my preparation for oral argument in the Ninth Circuit

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in Robert Jones v. Jack Palmer, et al., Case No. 17-15575, which took place on October 9, 2018, and

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Alquandre H. Turner v. Renee Baker, Warden, et al., Case No. 17-72044, which will be taking place on

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November 16, 2018.
3.

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In addition, our office has been short staffed over the past few months due to the retirement

of one of the attorneys in our unit and the difficulty in finding a replacement for him.

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4.

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October 19, 2018.

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5.

Respondents request forty-five (45) days to file a reply, up to and including December 3,

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6.

I have contacted opposing counsel, and she has no objection to this request for extension.

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7.

This is Respondents’ first motion for enlargement of time to file the Opposition.

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8.

This motion for enlargement of time is made in good faith and not for the purpose of delay.

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DATED this 19th day of October, 2018.

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That the Opposition to Petitioner’s Motion for Evidentiary Hearing is due to be filed

2018.

APPROVED:
DATED this 23rd day of October, 2018.

__/s/ Heidi Parry Stern____________________
Heidi Parry Stern (Bar No. 8873)
Chief Deputy Attorney General

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__________________________
RICHARD F. BOULWARE, II
United States District Judge
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CERTIFICATE OF SERVICE

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

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to File Opposition to Petitioner’s Motion for Evidentiary Hearing (ECF No. 62) (First Request) with the

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Clerk of the Court by using the CM/ECF system on October 19, 2018.

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The following participants in this case are registered CM/ECF users and will be served by the
CM/ECF system:
Amelia L. Bizzaro, Esq.
Federal Public Defender’s Office
411 E. Bonneville Avenue, Suite 250
Las Vegas, Nevada 89101
[e-mail]

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/s/ R. Carreau
An employee of the Office of the Attorney General

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