Guardado v. State of Nevada Ex Rel et al

Filing 53

ORDER granting 49 MOTION to Extend Time (First Request) re 34 Scheduling Order. Motions due by 9/7/2020. Signed by Judge James C. Mahan on 6/5/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:17-cv-00879-JCM-BNW Document 53 Filed 06/05/20 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 ERNEST JORD GUARDADO 10 Case No. 2:17-CV-00879-JCM (BNW) Plaintiff, ORDER v. 11 STATE OF NEVADA, et al., 12 Defendants. 13 14 15 Presently before the court is Tara Carpenter, James Dzurenda, Bruce Harkreader, and 16 William Sandie’s (collectively “defendants”) motion for extension of time to file a motion for 17 summary judgment. (ECF No. 49). Ernest Jord Guardado (“plaintiff”) filed a response (ECF No. 18 51). 19 Defendants represent that the COVID-19 crisis warrants a 90-day extension of time to file 20 a dispositive motion. (ECF No. 49 at 2). As a result of COVID-19, defendants’ counsel “is 21 working remotely and has limited access to documents and resources,” thus limiting his ability to 22 prepare a dispositive motion. Id. Further, defendants note that plaintiff’s motion for order 23 compelling discovery (ECF No. 46) is pending before the court. (ECF No. 49 at 2). A hearing on 24 that motion is set for June 24, 2020. (ECF No. 47). 25 Plaintiff does not oppose defendants’ motion “in its entirety,” but instead notes that the 26 COVID-19 pandemic has limited his access to the law library and other resources. (ECF No. 51). 27 Plaintiff argues that COVID-19’s impact on his ability to litigate this case is more significant than 28 1 Case 2:17-cv-00879-JCM-BNW Document 53 Filed 06/05/20 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 the burden is places on defendants’ counsel. Id. at 2. As a result, plaintiff believes that a 30-day extension is more appropriate. Id. The court grants defendants’ motion in full and extends the dispositive motion deadline by 90 days for both parties’ benefit. If plaintiff cannot access the law library and is on 23-hour-a-day lockdown, he will be unable to prepare a response to any dispositive motions defendants may file. Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendants’ motion to extend time (ECF No. 49) be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that the parties shall file dispositive motions on or before Monday, September 7, 2020. DATED June 5, 2020. 12 ____________________________________ UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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