Perez v. Williams

Filing 39

ORDER Granting 38 Unopposed Motion to Extend Time re 26 Motion to Dismiss (First Request). Replies due by 8/31/2018. Signed by Judge Richard F. Boulware, II on 8/17/2018. (Copies have been distributed pursuant to the NEF - MR)

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ADAM PAUL LAXALT
Attorney General
Natasha M. Gebrael (Bar. No. 14367)
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]
Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RUBEN P. PEREZ,
Case No. 2:16-cv-00830-RFB-GWF

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Petitioner,

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UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO FILE
REPLY IN SUPPORT OF MOTION
TO DISMISS (ECF NO. 26)

vs.
BRIAN WILLIAMS, et al.,

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(FIRST REQUEST)

Respondents.

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Respondents move this Court for an enlargement of time of 14 days, up to and including August

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31, 2018, in which to file their Reply to In Support of Motion to Dismiss (ECF No. 26). This Motion is

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made pursuant to FED. R. CIV. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon the

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attached affidavit of counsel.

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This is the first enlargement of time sought by Respondents for the Reply and is brought in good
faith and not for the purpose of delay.
DATED August 16, 2018

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Submitted by:

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ADAM PAUL LAXALT
Attorney General

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By:

/s/ Natasha M. Gebrael
Natasha M. Gebrael (Bar. No. 14367)
Deputy Attorney General

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Page 1 of 4

DECLARATION OF NATASHA M. GEBRAEL

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STATE OF NEVADA

)
) ss:
COUNTY OF CLARK )

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I, Natasha M. Gebrael, 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 Deputy Attorney General in the Office of the Nevada Attorney General. I have been

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assigned to represent Respondents in Ruben Perez v. Brian Williams, et al., Case No. 2:16-cv-00830-

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RFB-GWF, and as such, have personal knowledge of the matters contained herein.
2.

The Reply to Petitioner’s Response to Motion to Dismiss is due to be filed on August 17,

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3.

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

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4.

I have been unable with due diligence to timely complete a Reply herein. In addition to

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2018.

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this case and about 25% of all federal habeas corpus cases in Southern Nevada, I am responsible for

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approximately 25% of all state court habeas petitions that challenge time credits impacted by the Nevada

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Supreme Court’s recent decision in Williams v. State of Nevada Dep’t of Corrections, 402 P.3d 1260

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(Nev. 2017) including the responses to petitions, the hearings on each, and drafting the orders for such

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petitions. Recently, in addition to the 200 cases set for deadlines over the last 60 days, another 200 cases

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were set for deadlines in the next 60 days, with over 30-40 responses due per week. I am also responsible

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for certain non-time credit state petitions and direct appeals to the Nevada Supreme Court arising out of

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Attorney General prosecutions.
5.

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Moreover, I have firm pleading deadlines in various federal habeas cases including Brass

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v. Williams, 2:13-cv-02020-GMN-VCR (due on August 23, 2018). The focus on this matter has delayed

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me from timely filing a Reply In Support of Motion to Dismiss.

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7.

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matter and as a matter of professional courtesy, Attorney Baron indicated that he has no objection to the

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extension of time. Attorney Baron’s lack of objection should not be considered as a waiver of any

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defenses, or construed as agreeing with the accuracy of the representations in this motion.

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///

On August 15, 2018, I corresponded with Jeremy Baron, Esq., the federal public defender in this

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8.

Based on the foregoing, Respondents request an extension of time of 14 days to file a

Reply In Support of Motion to Dismiss, through August 31, 2018.

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

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Executed on August 16, 2018.

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/s/ Natasha M. Gebrael
Natasha M. Gebrael (Bar No. 14367)

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APPROVED:
DATED this 17th day of August, 2018.

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__________________________
RICHARD F. BOULWARE, II
United States District Judge

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Page 3 of 4

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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 with the Clerk of the Court by using the CM/ECF

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system on August 16, 2018.

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The following participants in this case are registered electronic filing system users and will be
served electronically:
Jeremy Baron, Esq.
Federal Public Defender
411 East Bonneville, Suite 250
Las Vegas, NV 89101
[e-mail]

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/s/ M. Landreth
An employee of the Office of the Attorney General

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