Johnson v. Barrett et al

Filing 120

ORDER granting 119 Unopposed Motion to Extend time; Motion for Summary Judgment shall be filed by 10/6/2021. Signed by Magistrate Judge Brenda Weksler on 9/8/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-02304-RFB-BNW Document 119 Filed 09/07/21 Page 1 of 4
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AARON D. FORD
Attorney General
AMY A. PORRAY (Bar No. 9596)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
Email: [e-mail]
Attorneys for Defendants
Regina Barrett, Christopher Harris,
Julio Mesa, and Timothy Knatz

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAUSTEVEION JOHNSON,

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Case No. 2:17-cv-02304-RFB-BNW

Plaintiff,

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v.

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REGINA BARRETT, et al.,

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Defendants.

DEFENDANTS’ UNOPPOSED
MOTION FOR AN EXTENSION OF
TIME TO FILE MOTION FOR
SUMMARY JUDGMENT

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Defendants Regina Barrett, Christopher Harris, Julio Mesa, and Timothy Knatz, by

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and through counsel, Aaron D. Ford, Nevada Attorney General, and Amy A. Porray, Deputy

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Attorney General, of the State of Nevada, Office of the Attorney General, hereby submit

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their Unopposed Motion for an Extension of Time to File Motion for Summary Judgment.

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Defendants seek an extension of time from September 6, 20211 to October 6, 2021.2

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September 6, 2021, was the Labor Day Holiday. Accordingly, the deadline is
September 7, 2021, which makes the instant motion timely. However, for purposes of
calculating 30 days, the September 6, 2021, deadline will be used.
2 This extension to file dispositive motions applies, of course, to Plaintiff as well.
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I.

INTRODUCTION

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Defendants respectfully request this Court grant their request to extend the

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deadline to file the motion for summary judgment. The parties conducted a meet and confer

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telephone conference on September 1, 2021, wherein the parties agreed to a 30-day

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extension of time to file dispositive motions. This was primarily because of the resignation

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of Senior Deputy Attorney General (SDAG) Katlyn Brady and the interim reassignment of

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this case to the undersigned DAG. The parties agreed that a 30-day extension was mutually

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beneficial. Accordingly, good cause exists to grant the instant motion for extension of time.

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II.

LEGAL ARGUMENT

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District courts have inherent power to control their dockets. Hamilton Copper &

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Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan,

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958 F.2d 272, 273 (9th Cir. 1992). Rule 6(b)(1), Federal Rules of Civil Procedure, governs

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extensions of time:

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When an act may or must be done within a specified time, the
court may, for good cause, extend the time: (A) with or without
motion or notice if the court acts, or if a request is made, before
the original time or its extension expires; or (B) on motion made
after the time has expired if the party failed to act because of
excusable neglect.

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“The proper procedure, when additional time for any purpose is needed, is to present

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to the Court a timely request for an extension before the time fixed has expired (i.e., a

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request presented before the time then fixed for the purpose in question has expired).”

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Canup v. Miss. Valley Barge Line Co., 31 F.R.D. 282, 283 (D. Pa. 1962). The Canup Court

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explained that “the practicalities of life” (such as an attorney’s “conflicting professional

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engagements” or personal commitments such as vacations, family activities, illnesses, or

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death) often necessitate an enlargement of time to comply with a court deadline. Id.

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Because of SDAG Brady’s resignation, the undersigned DAG has immediately

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assumed responsibility for additional cases, case deadlines, and responsibilities. Although

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SDAG Brady has not yet left the OAG, the undersigned has already assumed these

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responsibilities to assist with SDAG Brady’s transition from the OAG and wrap-up. The

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09/08/21

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undersigned conducted a telephonic meet and confer with Plaintiff on September 1, 2021,

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to discuss the instant case and upcoming dispositive motion deadline.3 The undersigned

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explained to Plaintiff about the reassignment of cases and the need for an extension. The

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undersigned also explained that the extension would, of course, apply reciprocally. Plaintiff

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agreed to the filing of an unopposed motion. Accordingly, good cause exists for an extension

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of time.

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III.

CONCLUSION

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Defendants’ unopposed motion for an extension of time should be granted.

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Defendants request an extension from the current due date of September 6 to October 6,

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2021. This motion is brought in good faith and not for the purposes of delay.
DATED this 7th day of September, 2021.

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AARON D. FORD
Attorney General

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By: /s/ Amy A. Porray
AMY A. PORRAY (Bar. No. 9596)
Deputy Attorney General

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Attorneys for Defendants

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Order

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IT IS SO ORDERED

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DATED: 9:22 am, September 08, 2021

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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In addition to assuming this case of Plaintiff’s, the undersigned DAG has assumed
two (2) other of Plaintiff’s active cases. Plaintiff and the undersigned discussed those cases
as well.
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CERTIFICATE OF SERVICE

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I certify that I am an employee of the State of Nevada, Office of the Attorney General,

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and that on September 7, 2021, I electronically filed the foregoing DEFENDANTS’

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UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE MOTION FOR

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SUMMARY JUDGMENT via this Court’s electronic filing system.

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registered with this Court’s electronic filing system will be served electronically. For those

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parties not registered, service was made by emailing a copy at Las Vegas, Nevada,

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addressed to the following:

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Parties who are

Lausteveion Johnson, #82138
Warm Springs Correctional Center
P.O. Box 7007
Carson City, Nevada 89701
Email: [e-mail]
Plaintiff, Pro Se

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/s/ Carol A. Knight
CAROL A. KNIGHT, an employee of the
Office of the Nevada Attorney General

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