Davis v. Neven et al

Filing 70

ORDER Granting 69 Second Motion to Extend Time Re: 62 Motion for Evidentiary Hearing. Respondents' Responses due by 12/10/2018. Signed by Judge Richard F. Boulware, II on 12/6/2018. (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)
(SECOND REQUEST)

Respondents.

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Respondents hereby request an extension of time of an additional seven (7) days, up to and

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including December 10, 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 December 3, 2018.

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This is the second enlargement of time sought by Respondents and is brought in good faith and
not for the purpose of delay. This motion is based on the accompanying declaration of counsel.
DATED: December 3, 2018.
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 4

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 all courts within the State of Nevada; qualified

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and admitted to practice before this Court; employed as a Chief Deputy Attorney General in the Office

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of the Nevada Attorney General; and pursuant to this employment, I have been assigned to represent

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

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have personal knowledge of the matters contained herein.
2.

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I was assigned to this matter after the retirement this year of one of the attorneys in our

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office. Since his retirement, our unit has been short staffed due to the office’s inability to find a

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replacement for him. As such, my caseload (particularly of death penalty cases) has been substantially

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higher than normal during this timeframe.
3.

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In addition, during this same timeframe, I have had an unusually heavy load of oral

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arguments before the Ninth Circuit, which have required significant preparation time. This includes, most

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

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and Alquandre H. Turner v. Renee Baker, Warden, et al., Case No. 17-72044, which took place on

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November 16, 2018.
4.

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

December 3, 2018.

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5.

Respondents request seven (7) days to file an opposition, up to and including December

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10, 2018.

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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’ second motion for enlargement of time to file the Opposition.

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8.

I have been working diligently to complete this opposition and do not anticipate seeking

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additional extensions.

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///

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///

Page 2 of 4

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

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DATED this 3rd day of December, 2018.

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

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IT IS SO ORDERED:

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
DATED this 6th day of December, 2018.

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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) (Second Request) with

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the Clerk of the Court by using the CM/ECF system on December 3, 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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