Rosiere v. United States of America

Filing 61

ORDER Granting 59 Motion to Extend Time re 42 Motion to Dismiss. ( Replies due by 11/23/2016.) Signed by Chief Judge Gloria M. Navarro on 11/14/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-02286-GMN-PAL Document 59 Filed 11/09/16 Page 1 of 3

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DANIEL G. BOGDEN
United States Attorney
District of Nevada

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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]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHAUN ROSIERE,
Plaintiff,

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v.
UNITED STATES OF AMERICA,
Defendant.

) Case No: 2:16-cv-02286-GMN-PAL
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) MOTION FOR EXTENSION OF TIME
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(First Request)
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Pursuant to Fed. R. Civ. P. 6(b)(1) and LR 6-1, Defendant United States moves for an

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order providing the United States with a thirteen-day extension of time, from November 10,

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2016 to November 23, 2016 to file its reply to Plaintiff’s response (ECF No. 54) to the United

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States’ Motion to Dismiss (ECF No. 42). There have not been any previous requests for such an

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extension of time. This motion is based on the following Memorandum of Points and

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Authorities, along with all papers and pleadings on file.

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Respectfully submitted this 9th day of November 2016.
DANIEL G. BOGDEN
United States Attorney
/s/ Patrick A. Rose
PATRICK A. ROSE
Assistant United States Attorney
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Case 2:16-cv-02286-GMN-PAL Document 59 Filed 11/09/16 Page 2 of 3

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MEMORANDUM OF POINTS AND AUTHORITIES

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Federal Rule of Civil Procedure 6(b)(1) and Local Rule IA 6-1 allow a party to request

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additional time to perform an act. In this case, the United States requests additional time to file

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its reply for the reasons set forth below.

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Since the filing of Plaintiff’s response, undersigned counsel has had to devote

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significant time and attention, including after hours on evenings and weekends, to other

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matters. In particular, undersigned counsel has had to devote significant time to an appellate

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brief due, by extension, on November 10, 2016 in the matter of Kornberg v. United States of

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America, 16-15464.

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Next week, undersigned counsel will be away from the office for two days in
connection with travel and a deposition in another matter.
The requested extension will not result in any prejudice to Plaintiff. The Court has

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stayed proceedings, except for the reply brief that is the subject of this request, for 120 days.

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Based on these circumstances, the United States requests a thirteen-day extension of

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time, from November 10, 2016 to November 23, 2016, to file its reply to Plaintiff’s response

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(ECF No. 54) to the United States’ Motion to Dismiss (ECF No. 42).

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Respectfully submitted this 9th day of November 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 DISTRICT JUDGE
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DATED this ___ day of November, 2016.

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Case 2:16-cv-02286-GMN-PAL Document 59 Filed 11/09/16 Page 3 of 3

PROOF OF SERVICE

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I, Patrick A. Rose, certify that the following was served with the foregoing MOTION
FOR EXTENSION OF TIME on the date and via the method of service identified below:

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U.S. Mail:

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Shaun Rosiere
7380 S. Eastern Avenue, Suite 124265
Las Vegas, Nevada 89123

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Plaintiff pro se

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Dated this 9th day of November 2016.
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/s/ Patrick A. Rose
PATRICK A. ROSE
Assistant United States Attorney

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